Each fiscal year, the U.S. government makes approximately 140,000 employment-based immigrant visas available under U.S. immigration law. U.S. employment visas are divided into five preference categories. Qualified applicants in these categories can work and live in the United States permanently.
Certain U.S. employment visas require a job offer from a U.S. employer who will sponsor the applicant. For some employment-based immigrant visa (EB visa) categories, the employer must secure an approved labor certification from the U.S. Department of Labor (DOL) before submitting a petition to the U.S. Citizenship and Immigration Services (USCIS). This labor certification is crucial for employment immigration because it verifies two critical conditions:
1. Labor Market Verification:
The DOL confirms that there are no available, qualified, and willing U.S. workers to fill the position at the prevailing wage. This step ensures employers are not bypassing qualified U.S. workers in favor of foreign employees.
2. Protection of U.S. Worker Conditions:
The DOL protects U.S. workers by ensuring that hiring a foreign worker will not negatively impact the wages and working conditions of similarly employed American workers.
This certification process is essential to some EB Visa categories, often utilized for skilled and unskilled positions. Applicants wondering how to apply for a U.S. employment visa must understand that the labor certification process is important, as it forms the foundation of the employer's sponsorship role.
After obtaining labor certification approval from the DOL, the employer must file an Immigrant Petition for Alien Worker - Form I-140, with USCIS in the appropriate employment-based preference category. However, individuals with extraordinary abilities in the Employment First preference (EB1) category can self-petition.
This category generally requires labor certification and an employer to file Form I-140; however, individuals can request a National Interest Waiver, allowing them to self-petition if their work is deemed beneficial to the United States.
Subcategories include:
EB-3 Visa application requires a labor certification and Form I-140 filed by their employer. This preference has three subcategories and certain requirements for each:
Special immigrants in this category do not need labor certification. Eligible individuals include broadcasters, ministers of religion, Iraqi and Afghan translators who worked with U.S. forces, certain NATO civilians, and specific U.S. government employees abroad. Form I-360 is typically used for applications.
Immigrant investors can obtain an EB-5 visa by making a qualifying capital investment in a new U.S. commercial enterprise that creates jobs for U.S. workers. Specific investment thresholds and job creation requirements apply.
After USCIS approves the Immigrant Petition, it sends the case to the National Visa Center (NVC), where the applicant receives a case number. Once the applicant's priority date matches the most recent qualifying date, the NVC instructs the applicant to pay the required fees and submit the necessary documentation for processing.
Note: For the most accurate and up-to-date information on U.S. employment visa costs, applicants should refer to the current filing fees on the USCIS website.
When applying for a U.S. employment visa, ensure you submit the relevant documents. Generally, the following documents are required for applicants pursuing employment immigration options:
An interview appointment is scheduled after all required documents are submitted and the National Visa Center (NVC) deems the file complete. The applicant will receive an email or letter detailing the interview date, time, and instructions for completing a medical examination.
On the interview day, a consular officer will assess the applicant's eligibility for a job visa USA under immigration laws. Fingerprint scans are also taken at this time. The officer will typically return any original civil documents and translations.
Obtaining an employment-based visa can take considerable time due to numerical limits on these visas each fiscal year. Processing time varies widely by case and depends on factors like visa availability and document submission accuracy. Some cases require further administrative processing, which may extend the timeline after the interview.
Certain conditions or activities can render an applicant ineligible for a U.S. employment visa. Common grounds for ineligibility include past drug trafficking, overstaying a previous visa, or submitting fraudulent documents. Attempting to secure a visa through fraud or material misrepresentation can result in permanent ineligibility for U.S. entry. If a consular officer determines the applicant is ineligible, they will inform the applicant and advise on any possible waivers. While waivers are sometimes available, they require specific eligibility criteria and additional processing.
If you are granted a U.S. employment visa, the consular officer will provide your passport containing the visa along with a sealed packet of documents that you submitted during your visa application. Do not open this packet—only a U.S. immigration officer at the port of entry should open it when you arrive. The primary visa holder must enter alongside or before the dependent spouse or children.
After receiving your employment immigration visa, you must pay the USCIS Immigrant Fee to USCIS before traveling. The fee is required to process your Permanent Resident Card, also known as Green Card. Special EB Visa categories, like SI-1, SI-2, SI-3, SQ-1, SQ-2, and SQ-3, are exempt from this fee. USCIS will not issue a Permanent Resident Card until this fee is paid.
Your U.S. employment visa allows you to travel to the U.S. port of entry and request permission to enter. However, having a visa does not guarantee entry; U.S. Customs and Border Protection (CBP) officers have full authority to permit or deny entry. It is wise to review CBP requirements on admissions and entry before travel to prevent any issues.
Once you have paid the USCIS immigrant fee and are admitted as a permanent resident, your Green Card, or Permanent Resident Card, will be mailed to you at the address provided.
Subscribe to our webinar updates and get the latest information delivered to your inbox.
