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What is the process for obtaining an immigrant visa for an employee in a specialized profession?

Picture of Chris Battis By   ·  1 minute read

The process for obtaining an immigrant visa for an employee in a specialized profession involves several steps, but the general process is as follows:

  1. Obtain a job offer from a U.S. employer: The employee must have a job offer from a U.S. employer that is willing to sponsor them for an immigrant visa.
  2. Get a Labor Certification: The employer must obtain a labor certification from the U.S. Department of Labor. This involves showing that the employer has tried to recruit U.S. workers for the position and that there are no qualified U.S. workers available.
  3. File Form I-140: Once the labor certification is obtained, the employer must file Form I-140, Petition for Alien Worker, with U.S. Citizenship and Immigration Services (USCIS). This form verifies that the worker meets the qualifications for the job and that the employer can pay the worker the prevailing wage.
  4. File Form DS-260: Once the I-140 petition is approved, the employee must complete and file Form DS-260, Application for Immigrant Visa and Alien Registration, with the Department of State. This form is available online and must be completed by the employee.
  5. Attend an interview: The employee must attend an interview at a U.S. embassy or consulate in their home country. This interview is conducted by a consular officer who will ask the employee questions about their qualifications and background.
  6. Obtain the visa: If the consular officer determines that the employee is eligible for the visa, the employee will receive their immigrant visa. They will then be able to use this visa to enter the United States and begin working for their employer.

It's important to note that the process for obtaining an immigrant visa can be complex and time-consuming. Additionally, there are several limitations and exceptions that may apply depending on the specific situation. For example, there may be limits on the number of immigrant visas available in a particular category or for a particular country. It's important to consult with an experienced immigration attorney to ensure that all requirements are met and that the process goes as smoothly as possible.