1. What are the different categories of employment-based visas?

There are five categories of employment-based visas:

1. EB-1: Priority Workers – for individuals with extraordinary abilities in the sciences, arts, education, business, or athletics; outstanding professors and researchers; and multinational managers or executives.

2. EB-2: Professionals with Advanced Degrees or Exceptional Ability – for individuals with advanced degrees (master’s degree or higher) or exceptional ability in the sciences, arts, or business.

3. EB-3: Skilled Workers, Professionals, and Other Workers – for skilled workers with at least two years of training or experience, professionals with a baccalaureate degree (or foreign equivalent), and other workers who do not qualify for EB-1 or EB-2 visas.

4. EB-4: Special Immigrants – for certain special immigrants such as religious workers, broadcasters, international organization employees, Iraqi and Afghan translators/interpreters, and physicians.

5. EB-5: Immigrant Investors – for investors who invest a minimum amount of capital in a new commercial enterprise in the United States that creates at least 10 full-time jobs for U.S. citizens or permanent residents.

2. How many visas are allotted each year for employment-based categories?

3. What is the priority date for an employment-based visa?
4. What types of documents are required for an employment-based visa application?
5. Is there a limit on the number of family-based visas that can be issued each year?
1. The U.S. issues approximately 140,000 employment-based visas per year.
2. It varies from year to year, but typically between 140,000 and 150,000 visas are allocated for employment-based categories.
3. The priority date for an employment-based visa depends on which preference category the applicant falls under and the country of their birth. Applicants can track their priority dates on the Visa Bulletin published by the U.S. Department of State.
4. Some common documents required for an employment-based visa application include a valid passport, proof of educational qualifications or work experience, job offer letter from a U.S.-based employer, and any required forms or fees.
5. Yes, there is an annual limit on the number of family-based visas that can be issued each year, but it varies depending on the type of relationship with the sponsor (such as immediate relatives versus other family members) and country of birth of the beneficiary (some countries have higher demand than others). More information about these limits can be found in the Visa Bulletin published by the U.S. Department of State.

3. What is the difference between a non-immigrant visa and an employment-based immigrant visa?

A non-immigrant visa allows a foreign national to enter and stay in the United States temporarily for a specific purpose, such as tourism, education, or temporary work. Non-immigrant visas are typically issued for a limited period of time and require the recipient to maintain a permanent residence abroad.

An employment-based immigrant visa, on the other hand, is a permanent resident status granted to foreign nationals who have been sponsored by a U.S. employer for employment-based immigration. These visas provide long-term residency rights and offer a path to eventually obtain U.S. citizenship. Unlike non-immigrant visas, there is no requirement for an employment-based immigrant visa holder to maintain a permanent residence abroad.

4. Which employment-based category has the longest waiting time?

– The employment-based category with the longest waiting time is the EB-3 category for skilled workers, professionals, and other workers.

5. How does one qualify for an employment-based visa?

There are several different types of employment-based visas available, each with its own specific eligibility requirements. Generally, an individual may qualify for an employment-based visa if they meet the following criteria:

1. They have a valid job offer from a U.S. employer for a position that requires specialized skills or knowledge.

2. They possess the necessary qualifications, education, and/or work experience required for the job.

3. The employer has obtained certification from the Department of Labor that there are no qualified U.S. workers available to fill the position (for certain categories of employment-based visas).

4. The applicant can demonstrate that they intend to leave the U.S. after their temporary stay is over.

5. The applicant meets all other requirements specified by the particular employment-based visa category they are applying for.

It is important to note that even if an applicant meets all of these criteria, it does not guarantee they will be approved for an employment-based visa. Each visa application is evaluated on a case-by-case basis and factors such as immigration history and criminal record may also be taken into consideration during the review process.

6. Can I self-petition for an employment-based visa?

No, self-petitions for employment-based visas are not allowed. In order to obtain an employment-based visa, you must have a job offer from a U.S. employer who is willing to sponsor you for the petition. The employer must also file a Form I-140, Petition for Alien Worker, on your behalf with U.S. Citizenship and Immigration Services (USCIS). Only certain categories of employment-based visas allow for self-petitioning, such as the EB-1A visa for individuals with extraordinary ability or the EB-2 National Interest Waiver category.

7. How is the priority date determined for employment-based visas?

The priority date for employment-based visas is determined by the filing date of the Labor Certification (PERM) application with the Department of Labor, or the filing date of the Immigrant Petition for Alien Worker (I-140) with USCIS. The earlier of these two dates becomes the priority date.

8. Does my country of origin affect my eligibility for an employment-based visa?

Yes, your country of origin can affect your eligibility for an employment-based visa. The United States has a limited number of employment-based visas available each year, and some countries may have more applicants than there are visas available. This can result in longer wait times for individuals from certain countries. Additionally, some categories of employment-based visas have per-country limits, which means that only a certain number of visas can be granted to individuals from one country in a fiscal year. Check the visa bulletin published by the U.S. Department of State to see if your country is subject to any per-country limits for the category of visa you are seeking.

9. Is there a limit on how many people can receive an employment-based visa from any one country in a given year?

Yes, there is a limit on how many people can receive an employment-based visa from any one country in a given year. This limit is known as the per-country cap and is set by the U.S. Department of State based on various factors, including demand for visas and country of origin. Currently, most countries have a per-country cap of 7% for employment-based visas. However, certain countries with high levels of demand, such as India and China, have higher caps. The per-country cap can also vary depending on the specific employment-based visa category (e.g. EB-1, EB-2, etc.).

10. Are there any special categories for highly skilled or essential workers?

No, there are no special categories for highly skilled or essential workers. All foreign workers must meet the general immigration requirements set by the government of the country they wish to work in. However, some countries may have specific visa programs for skilled workers or offer expedited processing for essential workers in certain industries. It is best to check with the relevant government agencies for more information on these programs.

11. Can international students apply for an employment-based visa after graduation?

Yes, international students may be able to apply for employment-based visas after graduation in order to work in the United States. The most common type of employment-based visa is the H-1B, which is available to graduates with a bachelor’s degree or higher in a specialty occupation. However, the application process can be competitive and there are limited numbers of H-1B visas available each year. Other options may include the L-1 visa for intracompany transfers or the O-1 visa for individuals with exceptional abilities or achievements in their field. It is important for international students to consult with an immigration attorney for guidance on which employment-based visa best fits their qualifications and goals.

12. Are there any specific requirements or criteria for obtaining an EB-1, EB-2, or EB-3 visa?

Yes, there are specific requirements and criteria for obtaining an EB-1, EB-2, or EB-3 visa. The EB-1 visa is reserved for individuals who have extraordinary abilities in the fields of art, science, business, athletics or education; outstanding researchers or professors; and multinational executives or managers. The EB-2 visa is for professionals with advanced degrees or exceptional abilities in their fields and requires a job offer and labor certification. Lastly, the EB-3 visa is for skilled workers, professionals with bachelor’s degrees or equivalent experience, and unskilled workers with less than two years of training.
To obtain any of these visas, applicants must also meet other requirements such as having a job offer from a US employer, demonstrating that they will not displace US workers, having the necessary qualifications for the job offered, and showing proof of financial stability. Additionally, all applicants must go through a complex application process and provide supporting documents to prove their eligibility for the chosen visa category.

13. Is there a minimum salary requirement for applicants seeking a work-related Green Card in the U.S.?

No, there is no minimum salary requirement for applicants seeking a work-related Green Card in the U.S. However, the sponsoring employer must pay the employee a prevailing wage, which is determined based on the job position and location. The prevailing wage must be at least equal to or higher than the minimum wage in that specific location.

14. Can I bring my family members with me on a work-related visa to the U.S.?

In most cases, yes. Family members of individuals with work-related visas may also be eligible for dependent visas to accompany them to the U.S.

For H-1B and L-1 visas, spouses and unmarried children under 21 years old may be eligible for H-4 or L-2 dependent visas. These dependents are not authorized to work in the U.S., but they may attend school or college.

For E-visas, spouses and unmarried children under 21 years old may be eligible for E-2 dependent visas. Spouses of E-2 visa holders may also be able to apply for Employment Authorization Documents (EADs) that allow them to work in the U.S. If the spouse is approved for an EAD, any minor children can attend school in the U.S. while on an E-2 dependent visa.

For O and P visas, spouses and unmarried children under 21 years old may be eligible for O-3 or P-4 dependent visas. Dependents on these visas are not allowed to work unless they obtain a separate work permit.

It’s important to note that each dependent must have their own visa, even if they will all arrive together at the same time. The process of obtaining a dependent visa typically involves filling out additional forms and paying additional fees.

Overall, it’s best to consult with an immigration attorney if you plan on bringing family members with you on a work-related visa to ensure that they are eligible and understand their rights and restrictions once in the U.S.

15. Will applying for permanent residency through an employer affect my ability to switch jobs in the future?

Applying for permanent residency through an employer should not affect your ability to switch jobs in the future. However, it is important to note that switching jobs while going through the permanent residency process may affect the application if the new job is substantially different from the one for which you were hired on a permanent residency basis. It is best to consult with an immigration attorney before making any significant job changes during this process.

16. What is the difference between a labor certification and national interest waiver in obtaining permanent residency through work sponsorship?

A labor certification is a document issued by the Department of Labor (DOL) to an employer who is sponsoring a foreign worker for permanent residency through the PERM process. It states that there are no qualified U.S. workers available for the position and that hiring a foreign worker will not adversely affect the wages or working conditions of U.S. workers.

On the other hand, a National Interest Waiver (NIW) allows certain individuals to obtain permanent residency without going through the labor certification process. This waiver is granted if it can be shown that the foreign worker’s employment in the United States is in the national interest, i.e. their work will greatly benefit the country in terms of economic, cultural, educational, or other merits.

In summary, while both paths lead to obtaining permanent residency through work sponsorship, a labor certification requires demonstrating that there are no qualified U.S. workers available for the position, whereas an NIW requires showcasing how one’s employment will serve the national interest of the United States.

17. Are there any changes to immigration policies that could affect my chances of obtaining an employment-based visa in the near future?

The current administration has proposed several changes to the United States immigration policies that could potentially affect your chances of obtaining an employment-based visa in the near future. These changes include:

1. H-1B Visa Regulations: The H-1B visa is a popular visa category for high-skilled foreign workers. The administration has proposed new rules that would increase the minimum salary requirement for H-1B workers, restrict the types of jobs eligible for the visa, and amend the lottery system used to allocate visas.

2. Suspension of Certain Work Visas: In June 2020, President Trump issued an executive order suspending the issuance of certain work visas until at least December 31, 2020. This includes H-1B visas, L-1 visas, and J-1 visas (for certain categories). The suspension may be extended beyond December 31st.

3. Public Charge Rule: In February 2020, the administration announced a new rule that expands the criteria used to determine whether an immigrant is likely to become a “public charge” (relying on government benefits). This could make it more difficult for some immigrants to obtain employment-based visas.

4. Reduced Refugee Admissions: Every year, the administration sets a limit on the number of refugees allowed into the United States. In September 2020, they announced plans to reduce this limit to just 15,000 for fiscal year 2021 – down from a cap of 110,000 set in fiscal year 2017.

5. Changes to Green Card Eligibility: There have been ongoing debates and discussions about potential changes to eligibility requirements for obtaining green cards (permanent residency), such as implementing stricter education or language proficiency requirements.

It’s important to stay informed about these potential changes and how they may impact your specific situation. Consult with an immigration lawyer or stay updated through reliable sources such as official government websites and news outlets for any further developments.

18. Do I have to be currently living in the United States to apply for an employment-based immigrant visa?

No, you do not have to be currently living in the United States to apply for an employment-based immigrant visa. However, you must either have a job offer from a U.S. employer or qualify for one of the employment-based visa categories such as EB-1, EB-2, or EB-3. Additionally, you may be required to attend an in-person interview at a U.S. embassy or consulate in your home country before your visa can be approved.

19. Are there any advantages to applying for an adjustment of status rather than consular processing as part of my immigrant petition?

Yes, there are various advantages to applying for an adjustment of status rather than consular processing as part of your immigrant petition. Some potential advantages include:

1. Ability to remain in the US: If you are already in the US on a nonimmigrant visa and are eligible for adjustment of status, you can remain in the US while your application is being processed. This means you do not have to leave the country and potentially face long wait times or travel restrictions.

2. Avoid potential visa issues: Consular processing involves obtaining a visa from a US consulate or embassy outside of the US. This process can be more complicated and may result in delays or potential denials if there are any issues with your visa application.

3. Faster processing times: In some cases, adjustment of status applications may be processed faster than consular processing, particularly if the USCIS office handling your case has a lower caseload than the consulate where you would otherwise apply for a visa.

4. No need to prove nonimmigrant intent: With consular processing, you may need to provide proof that you intend to return to your home country after your temporary stay in the US expires. This can be difficult, as many nonimmigrant visas require applicants to demonstrate ties to their home country. As an applicant for adjustment of status, you do not need to show nonimmigrant intent.

5. Easier access to employment authorization: Once your adjustment of status application is pending with USCIS, you may be eligible for an employment authorization document (EAD) which allows you to work in the US while your application is being processed. This can be particularly beneficial if you were previously on a nonimmigrant visa that did not allow employment or if your current nonimmigrant status is about to expire.

6. Ability to adjust with family members: If multiple family members are included in one immigrant petition and eligible for adjustment of status, they can all apply for AOS together. This allows families to stay together and avoid potential logistical challenges associated with consular processing.

It is important to note that the decision whether to pursue adjustment of status or consular processing may also depend on individual circumstances, such as eligibility requirements, visa availability, and the complexity of your case. Consulting with an immigration attorney can help you determine which route may be more beneficial for your specific situation.

20.Are there any alternative routes to obtaining lawful permanent residency not classified as Employment-Based First Preference (EB-1), including Traders, Investors, and Aliens with Extraordinary Ability?

Yes, there are alternative routes for obtaining lawful permanent residency in the United States that are not classified as Employment-Based First Preference (EB-1). These include:

1. Marriage-Based Green Card: A foreign national can obtain a green card by marrying a U.S. citizen or lawful permanent resident. However, this route requires proving the legitimacy of the marriage and may have longer processing times.

2. Family Sponsorship: A U.S. citizen or lawful permanent resident can sponsor certain family members for a green card, including spouses, children under 21 years old, parents, and siblings.

3. Diversity Visa Lottery: Every year, the U.S. Department of State conducts a lottery program where people from countries with low immigration rates to the U.S. can enter for a chance to obtain a green card.

4. Refugee or Asylum Status: Individuals who have been granted refugee or asylum status in the U.S. may be eligible for a green card after one year.

5. Special Immigrant Categories: There are several special immigrant categories that allow individuals with specific backgrounds or qualifications to apply for a green card, including religious workers, broadcasters, and former employees of international organizations.

6. Humanitarian Programs: Certain humanitarian programs such as Temporary Protected Status (TPS) and Deferred Action for Childhood Arrivals (DACA) can also provide opportunities for obtaining lawful permanent residency in the U.S.

7. Investment-Based Immigration: Foreign nationals who invest a significant amount of money in a new commercial enterprise in the U.S., creating jobs for American workers, may be eligible for an EB-5 immigrant visa and eventual permanent residency.

8. Extraordinary Ability or National Interest Waiver: Foreign nationals with exceptional abilities in science, art, education business, athletics or other fields may be able to self-petition for an employment-based green card without requiring employer sponsorship under the EB-2 category with an approved national interest waiver.

It is important to note that each of these alternative routes has specific eligibility requirements and application processes, and may also have potential quotas or waiting lists. Consulting with an experienced immigration lawyer can help determine the best option based on individual circumstances.