To obtain an employment-based visa in the United States, an employer must file a petition with the United States Citizenship and Immigration Services (USCIS) on behalf of the foreign national employee. The employer must show that there are no qualified U.S. workers available for the job and that the foreign national has the necessary skills and qualifications for the position.
There are several categories of employment-based visas, each with its own set of eligibility requirements. Some of the common categories include:
- EB-1 visas: These are for priority workers, including persons with extraordinary ability in the arts, sciences, education, business, or athletics; outstanding professors and researchers; and multinational executives and managers.
- EB-2 visas: These are for professionals with advanced degrees and individuals with exceptional ability in the arts, sciences, or business.
- EB-3 visas: These are for skilled workers, professionals, and other workers.
- EB-4 visas: These are for special immigrants, including religious workers, employees of U.S. foreign service posts, and other special categories.
- EB-5 visas: These are for immigrant investors who invest a minimum of $1 million (or $500,000 in certain cases) in a U.S. business that creates at least 10 full-time jobs for U.S. workers.
In addition to the specific eligibility requirements for each category, applicants must also undergo a medical examination and a security clearance. They must also show that they will not become a public charge and can support themselves financially in the United States.
It is important to note that obtaining an employment-based visa can be a complex and lengthy process, and there are often limitations on the number of visas available in each category. It is recommended that applicants seek the assistance of an experienced immigration attorney to navigate the process and ensure the best chance of success.
By