October 15, 2024
The United States is the land of opportunities. The U.S. continues to offer excellent employment options for everyone, including immigrants. The United States Citizenship and Immigration Services (USCIS) offers a variety of visas that allow immigrants to live and work in the United States. There are opportunities and challenges to obtaining an employment-based visa. A knowledgeable immigration attorney is available to assist you with the process.
Types of Employment-Based Immigration Visas
Employment First Preference Visa (E1)
The E1 visa is for priority workers and those with extraordinary abilities. These people may apply for an Immigrant Petition for Alien Worker, form I-140, on their own behalf. There are three sub-categories including:
Persons with Extraordinary Abilities
Persons with extraordinary abilities are those working in the sciences, arts, education, business or athletics. Applicants must have national or international acclaim but do not need to have a job waiting for them in the United States as long as they are going to continue working in their field. Applicants must provide extensive documentation to support their abilities.
Outstanding Professors and Researchers
These applicants have extensive education, training, and experience in their field. They must have at least three years of experience or they must be internationally acclaimed. This category is for those who wish to pursue a tenured teaching or research position at a university or other institution of higher learning. Applicants must provide proof of a job offer in their field.
Multinational Managers or Executives
Applicants in this category must have been employed in a managerial or executive position for at least one of the last three years with an overseas affiliate, subsidiary, or branch of a U.S. employer. The applicant must be planning to continue working in an executive or managerial position in the U.S. The employer must provide a job offer.
Employment Second Preference (E2)
The E2 visa is for professionals with advanced degrees as well as those with exceptional abilities. Second-preference applicants generally must have a labor certification that is approved by the Department of Labor. Applicants must have a job offer. The employer must file an Immigrant Petition for Alien Worker on behalf of the immigrant.
An immigrant may apply for a National Interest Waiver. The waiver exempts the applicant from having to obtain a labor certification or job offer in cases where the situation would be considered in the national interest of the United States. An applicant would need to provide evidence of national interest.
Employment Third Preference (E3)
An E3 visa is for skilled workers, professionals, and other workers. Skilled workers are those with at least two years of training or work experience. Professionals are individuals who hold at least a baccalaureate degree or equivalent. Workers must be permanent and not seasonal.
A prospective employer must have received approval through an I-140 petition, and the applicant must usually obtain a labor certification. This category will receive approximately 28% of the yearly visa limit of employment-based visas as well as any unused visas from the E1 and E2 categories, if there are any left.
Employment Fourth Preference (E4)
Fourth Preference, E4, visas are for certain special immigrants. This category includes broadcasters, ministers of religion, and employees or former employees of the U.S. government abroad. There are many other categories that are available to apply for E4 visas. The applicant must have an approved Petition for Amerasian, Widow(er), or special immigrant form I-360. This category accounts for only about 7 percent of employment-based visas.
Employment Visa Challenges
There are some challenges to employment visas. These challenges can be frustrating. A knowledgeable immigration attorney will help you through the process and assist in making the process easier and less stressful.
Visa Quotas
The USCIS has limits on the availability of some types of employment-based visas. Once the limit is reached, they will not approve any further visas of that particular type until the next year. In any given year, there are typically many visa applicants who are not selected for visas, even if they meet the qualifications. Once the limit is reached, the visas are no longer issued in that category. You will want to make certain that you apply for the visa category that will give you the best approval chances. An immigration attorney will review your information and help determine your visa options.
Labor Certification
Many visas require you to obtain a permanent labor certification through the PERM program. The employer typically applies for a labor certification for the immigrant. The process can be lengthy and complex. The employer must obtain certification through the Department of Labor Employment and Training Administration (ETA). The employer will need to submit proof that there are not sufficient U.S. workers to fill the needed positions. The process can be complex and sometimes lengthy.
Documentation
The USCIS requires documentation for each type of visa application. If you fail to provide the proper documentation, it will delay the process. In some cases, the petition could be denied, and you will have to begin the process again. To prevent documentation problems, be certain to include documents that are necessary to process your request. The USCIS may need more information once they begin to review your application. Be sure to respond to a Request for Evidence (RFE) in a timely manner. Your immigration attorney will assist you in learning what documents you need to provide.
USCIS Delays
Processing delays are very common and to be expected. Sometimes, the delays can be extremely long. There are some things you can do to keep delays to a minimum. Make sure that you update your address and phone number if it changes. The USCIS will send information to your listed address, so if it is outdated, you may not receive important details or requests. The USCIS provides a notification once they receive the petition. This means that they will be reviewing it later. You can check with the USCIS to find out where your petition is in the process. Obtaining an employment-based visa can be challenging, but it can be easier with guidance from a qualified immigration attorney. An attorney will help you avoid the pitfalls of employment-based immigration. To learn more, contact Ibrahim Law Global at (708) 584-3043 to talk to our experienced legal team.
