Employment-Based Immigrant Visas For Foreign Nationals

How To Get an Employment-Based Immigrant Visa

If you are interested in being a permanent resident worker, you may be interested in getting an employment-based green card. To obtain this permit, there are several things you need to qualify under, as listed below.

The employment-based preference category is divided into five. Therefore, you need to be eligible under one of the categories to qualify for an employment-based immigrant visa. If you need assistance, contact an immigration visas lawyer for further consultations.

Employment-Based Immigrant Visa Categories

The United States typically makes approximately 140,000 employment-based immigrant visas available each fiscal year for employment-based immigrants under the provision of U.S. immigration law. However, there are certain qualities that one must possess to be eligible to work in the United States permanently. 

The Bureau of U.S. Citizenship and Immigration Services usually determines whether an individual has qualified under different categories.

To be permitted, one should possess the right combination of education, occupation skills, and work experience to be certified for an employed-based immigrant visa. In most cases, you will also need an active job offer that meets several requirements.

You must have the appropriate qualifications that match your occupation. For example, if you are an accountant or engineer, you should have the essential education and/or experience required to qualify for an employment-based immigrant visa.

The U.S. employer must also petition for the foreign national worker and prove that no U.S. citizen worker can fill the position in question. The employer should also show that you can perform the job duties in question with or without reasonable accommodations.

This process can sometimes take several weeks or months, so we recommend that you start the application process as soon as possible.

The Different Types Of Employment-Based Immigrant Visas

There are five employment-based visa preference categories to qualify for a green card. The five preference categories include:

EB-1 First Preference: Priority Workers

This is the employment first preference category reserved for highly skilled individuals.

This includes those with an extraordinary ability for education, arts, sciences, and even athletics and whose achievements have gained national or international acclaim through extensive documentation, such as winning an award like a Nobel prize or an Olympic medal.

It also includes outstanding professors, researchers, and multinational professionals working in a managerial or executive capacity.

EB-2 Second Preference: Professionals With Advanced Degrees Or Persons With Exceptional Ability

The second employment-based preference category is for individuals who hold an advanced degree or a baccalaureate degree or a foreign equivalent degree, exceptional ability in sciences, arts, education, business, or athletics, and aliens seeking a national interest waiver.

Under the employment second preference, petitions must be accompanied by a verified individual labor certification from the Department of Labor unless they can obtain a national interest waiver.

For foreigners seeking national interest waivers, the U.S. Citizenship and Immigration Services (USCIS) office requires evidence that the contributions of these individuals would impact the national economy or cultural or educational interests of the nation.

EB-3 Third Preference: Skilled Workers, Professionals, Or Other Workers

This is the employment third preference category reserved for skilled workers or professionals in particular fields and other workers.

To acquire permanent residency status in the third preference, one must have a labor certification approved by the United States Department of Labor.

For this third preference, the requirements are a bit stricter than the first and the second preference. When completing an immigrant visa petition, the prospective employer must display the ability to pay the offered wage as of the visa priority date.

EB-4 Fourth Preference: Special Immigrants

The employment fourth preference category comprises two groups: a lawful permanent resident coming back for permanent residence in the United States after some authorized stay abroad and those individuals who are reacquiring U.S. citizenship.

EB-5 Fifth Preference: Investor Visa

This is mainly designated for foreign investors. For EB-5 immigrant visa application, applicants must make a huge capital investment of almost over a million dollars in a U.S. business entity.

However, the compulsory capital requirement relies on where the U.S. company receiving the investment is located. Other conditions apply for both the foreign national investor and the investment.

Employment-Based Immigrant Visa Interview Questions

The interview is particularly the most crucial stage of the process. Usually, the interested foreign national is asked a couple of questions to determine their legitimacy to obtain a green card on an employment basis.

Below is an overview of what questions you are likely to expect:

• Your current residential status
• The company you are going to work for
• The salary, remuneration, and job condition for the new employment
• Your educational background, training, and experience
• Your admissibility, e.g., whether you have any immigration violations or misrepresentations

Employment-Based Immigrant Visas Quota

There is usually a limit to the number of visas issued to prevent an excessive number of immigrants from coming from any specific country.

For every fiscal year, the U.S. usually makes approximately 140,000 employment-based immigrant visas available for qualified applicants under the provisions of U.S. immigration law. This is why having a solid application is so important.

If you need an employment-based green card, there are certain qualities you should meet to be eligible for this visa. The employment-based immigrants’ visa is usually granted to qualified applicants under specific employment-based categories.

For permanent employment, make sure to obtain a lawful immigrant visa to avoid expulsion or deportation. But in case you are going through a deportation process, contact a deportation attorney for migration advice.

Do You Want to Schedule a Consultation?

The legal permanent resident status is a complicated and nuanced topic that can be hard to understand.

While the above are just some of the most fundamentals of what you need to know, scheduling a consultation with an immigration attorney can be enormously helpful. They can help you figure out what specific steps you need to take in order to submit a successful application.

If you would like to schedule a consultation with one of our immigration attorneys, please complete the form on this page or give us a call. We will be happy to help you through the process and answer any questions.

Contact us now, and let us put our experience to work for you.