1. What is an Employment-Based Immigration Visa (EB) category?
An Employment-Based Immigration Visa (EB) category is a category of U.S. visas for foreign nationals who will be entering the U.S. to engage in a specific occupation or position. There are five different EB categories that prioritize the foreign worker’s skills, experience, and qualifications in order to obtain a visa. These categories include EB1: Priority Workers, EB2: Professionals with Advanced Degrees and Persons of Exceptional Ability, EB3: Skilled or Professional Workers, EB4: Special Immigrants, and EB5: Investors.
2. How do I qualify for an Employment-Based Immigration Visa?
In order to qualify for an employment-based immigrant visa, you must first have an employer who is willing to sponsor you in the United States. Your employer must submit a labor certification application to the U.S. Department of Labor (DOL) in order to prove that there are no qualified U.S. workers available for the position you are seeking. After the DOL approves the labor certification, your employer will then be able to file an immigrant petition on your behalf. In certain cases, you may be able to self-petition without having an employer sponsor you. The other requirements vary depending on which employment-based immigration visa category you are applying for.
3. What are the different Employment-Based Immigration Visa categories?
1. EB-1: Priority Workers (includes individuals with extraordinary ability, outstanding professors and researchers, and certain multinational managers and executives).
2. EB-2: Professionals Holding Advanced Degrees and Persons With Exceptional Ability (for professionals with advanced degrees or their equivalent, and individuals with exceptional ability in the sciences, arts, or business).
3. EB-3: Skilled Workers, Professionals, and Other Workers (for skilled workers, professionals, and other workers).
4. EB-4: Special Immigrants (such as religious workers, certain employees of U.S. foreign service posts, and others).
5. EB-5: Investors (for individuals who invest in a commercial enterprise in the United States that will benefit the U.S. economy and create at least 10 full-time jobs).
4. What documents do I need to apply for an Employment-Based Immigration Visa?
The documents you will need to apply for an Employment-Based Immigration Visa include but are not limited to:
1. Passport
2. Proof of educational qualifications and work experience
3. Curriculum Vitae
4. Employment Authorization Document (if applicable)
5. Employment Verification from the employer (if applicable)
6. Evidence of Labor Certification (if applicable)
7. Photo Identification Card/Drivers License (if applicable)
8. Proof of financial means to support your stay in the US (if applicable)
9. Evidence of English language proficiency (if applicable)
10. Medical Examination Results (if applicable)
11. Police Clearance Certificate (if applicable)
5. How long does it take to receive a visa in an Employment-Based Immigration Visa category?
The processing time for an Employment-Based Immigration Visa category varies from case to case, depending on the visa category, the country of origin, and the current visa processing workload. Generally, it takes anywhere from two months to several years to receive a visa.
6. Are there any fees associated with Employment-Based Immigration Visas?
Yes, there are a variety of fees associated with Employment-Based Immigration Visas. These include: Application filing fees, biometrics fees, attorney fees, and visa issuance fees.
7. Is it possible to change my Employment-Based Immigration Visa status once I am in the United States?
Yes, it is possible to change from one Employment-Based Immigration Visa status to another. It is important to note, however, that the change of status is not automatic and must be approved by the United States Citizenship and Immigration Services (USCIS). Additionally, certain Employment-Based Immigration Visa categories require that you have an approved petition prior to changing your status.
8. How long is my Employment-Based Immigration Visa valid for?
Your Employment-Based Immigration Visa is typically valid for either three or ten years, depending on the type of visa you are granted. For instance, if you are granted an EB-3 visa, it is valid for three years, while an EB-1 visa is valid for up to ten years.
9. What rights do I have with an Employment-Based Immigration Visa?
With an Employment-Based Immigration Visa, you will have certain rights, including the right to live and work in the United States. You may also be able to bring your family members with you, apply for permanent residence, and eventually become a U.S. citizen. Additionally, you will have certain protections under U.S. law, including the right to work without discrimination based on race, color, religion, sex, national origin, age, or disability.
10. Can I apply for permanent resident status through an Employment-Based Immigration Visa?
Yes. An Employment-Based Immigration Visa can be used to apply for permanent resident status. Your eligibility for such a visa will depend on the type of job you are offered and whether or not you meet other requirements.
11. How can I find out if my employer is eligible to sponsor me for an Employment-Based Immigration Visa?
The best way to find out if your employer is eligible to sponsor you for an Employment-Based Immigration Visa is by contacting your local United States Citizenship and Immigration Services (USCIS) office. An immigration attorney can also provide guidance on the requirements necessary to obtain an Employment-Based Immigration Visa. Additionally, your employer can contact an immigration attorney who specializes in Employment-Based Immigration Visas to help them determine their eligibility.
12. Can I apply for an Employment-Based Immigration Visa if my employer is not based in the United States?
No. The majority of employment-based immigration visas require the employer to be based in the United States. If your employer is based outside of the United States, you may be able to pursue an immigrant visa through a family member or through the Diversity Visa Program.
13. Is it possible to extend my Employment-Based Immigration Visa if the initial validity period ends?
Yes, you can extend your Employment-Based Immigration Visa; however, it depends on the type of visa you have and the circumstances of your case.
14. Are there any restrictions on the types of jobs that I can work with an Employment-Based Immigration Visa?
Yes, there are certain restrictions on the types of jobs that can be held with an Employment-Based Immigration Visa. The visa must be sponsored by an employer in order for it to be valid, and the job must be related to the sponsoring employer’s core business. Additionally, the job must be classified as professional, managerial, or specialized knowledge in order for it to qualify. The position must also be in one of the categories outlined by the Department of Labor. Finally, the proposed wage must meet certain minimum requirements and should be comparable to similar positions in the geographic area.
15. What are priority dates and how do they affect my application for an Employment-Based Immigration Visa?
Priority dates refer to the date when the Department of State or U.S. Citizenship and Immigration Services (USCIS) received a foreign national’s application for an Employment-Based Immigration Visa. Priority dates determine the order in which petitions are processed and become available for issuance of a visa. The earlier the priority date, the higher a person’s place in the queue; hence, if your priority date is earlier than that of another applicant, your application will be processed first. If your priority date is later than another applicant’s date, you will not be eligible to receive a visa until after that person has received theirs.
16. Can I bring family members with me when applying for an Employment-Based Immigration Visa?
No, family members cannot accompany the applicant when applying for an Employment-Based Immigration Visa. They may however join the applicant if they are eligible to be included as dependent visa applicants.
17. Can employers whose workers are on an Employment-Based Immigration Visas be held liable for violations of immigration law?
Yes, employers can be held liable for violations of immigration law if they do not comply with the requirements of the applicable visa program. Employers may be subject to civil and/or criminal penalties if they fail to comply with immigration laws. Employers should also consider consulting an attorney with expertise on immigration law to ensure compliance with applicable laws and regulations.
18. Are there any quotas or limits on the number of people who can be issued Employment-Based Immigration Visas each year?
Yes. The United States Citizenship and Immigration Services (USCIS) establishes annual limits on the number of Employment-Based Immigration Visas that can be issued each year. The annual limit for the Fiscal Year 2021 is 140,000 visas.
19. How many points are required to qualify for a particular Employment-Based Immigration Visa category?
The number of points required to qualify for a particular Employment-Based Immigration Visa category depends on the category. The most common Employment-Based Immigration Visa categories are EB-1 (Extraordinary Ability), EB-2 (Advanced Degree or Exceptional Ability), and EB-3 (Professional or Skilled Worker). Each category has its own set of criteria and point requirements that must be met in order to qualify.
20. What is labor certification and why is it required for certain types of visas in the Employment-Based categories?
Labor certification is a process that is required for certain types of Employment-Based visas to ensure that a foreign worker is not taking away a job opportunity from a qualified U.S. worker. The employer must demonstrate to the U.S. Department of Labor (DOL) that there are no qualified and available U.S. workers to fill the position offered to the foreign worker. The DOL must certify that the hiring of a foreign worker will not adversely affect the wages and working conditions of U.S. workers similarly employed. The employer must also prove that hiring a foreign worker will not displace any qualified U.S. workers already employed by the employer, nor does it adversely affect the employment opportunities of U.S. workers in general in the same area of employment.