What is the process for obtaining an employment-based visa in the United States?

The process for obtaining an employment-based visa in the United States varies depending on the type of visa the individual is seeking. The most common employment-based visas are:

1. The H-1B visa, for professionals who work in fields that require at least a bachelor’s degree or its equivalent. The employer must sponsor the individual and file an H-1B petition with the U.S. Citizenship and Immigration Services (USCIS). The individual must demonstrate that they have the required qualifications for the position, and the employer must pay the prevailing wage for the specific occupation in the area where the work will be performed. The H-1B visa is subject to an annual cap, and once the cap is reached, no new visas will be issued until the next fiscal year.
2. The L-1 visa, for employees of an international company who are being transferred to a U.S. subsidiary, affiliate, or branch. The employer must file an L-1 petition with USCIS, demonstrating that the employee has worked for the company outside of the U.S. for at least one year and that they will continue to work for the company in a managerial, executive, or specialized knowledge capacity in the U.S. The L-1 visa has no annual cap.
3. The E-2 visa, for investors and entrepreneurs who wish to come to the U.S. to develop and direct the operations of an enterprise in which they have invested or are actively in the process of investing a substantial amount of capital. The individual must be a national of a country that has a treaty of commerce and navigation with the U.S. The individual must also invest a substantial amount of personal capital in the U.S. enterprise, and the enterprise must be a bona fide operating business that can generate significant income. The E-2 visa has no annual cap.

It is important to note that the process for obtaining an employment-based visa can be complex and often involves multiple steps and requirements. It is recommended that individuals seeking employment-based visas consult with an experienced immigration attorney who can help navigate the process and ensure that all requirements are met.