What is the process to obtain an employment-based visa in the United States?
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To obtain an employment-based visa in the United States, there are several steps that must be taken. First, the employer must file a labor certification application with the U.S. Department of Labor (DOL), demonstrating that there are no qualified U.S. workers available and willing to fill the job position. This is typically done through an online system called PERM.
Once the labor certification is approved, the employer must file form I-140, which is the Immigrant Petition for Alien Worker, with the U.S. Citizenship and Immigration Services (USCIS). The I-140 petition must demonstrate that the foreign worker has the necessary qualifications and meet the criteria for the specific employment-based category.
There are several employment-based categories for which a foreign worker may be eligible, depending on the nature of the job and the qualifications of the worker. These categories include:
- EB-1: Priority Workers, including individuals with extraordinary ability in arts, sciences, education, business or athletics; outstanding professors or researchers; and certain multinational executives and managers.
- EB-2: Professionals with advanced degrees or exceptional ability in arts, sciences or business.
- EB-3: Skilled workers, professionals, and other workers.
- EB-4: Special immigrants, including religious workers, employees of U.S. foreign service posts, and certain other categories.
- EB-5: Investors who create new U.S. jobs by investing a minimum of $1,000,000 in a new commercial enterprise or $500,000 in a targeted employment area.
Once the I-140 petition is approved, the foreign worker may apply for an employment-based immigrant visa or adjust status to permanent residency in the United States.
It is important to note that the process to obtain an employment-based visa can be complex and lengthy, and there may be limitations or exceptions based on individual circumstances. It is recommended that foreign workers consult with an experienced immigration attorney for guidance on their specific situation.
Furthermore, it is important to note that the current administration may have certain restrictions on immigration, which could impact the timing and availability of visas. It is advisable to stay updated on any changes in immigration regulations and laws.
