1. What is the difference between an EB-1, EB-2, and EB-3 visa?

An EB-1 visa is reserved for individuals with extraordinary ability, outstanding professors and researchers, and multinational executives and managers. The EB-2 visa is for advanced degree professionals and individuals with exceptional ability. Lastly, the EB-3 visa is reserved for skilled workers, professionals, and unskilled workers.

2. How long does the U.S. employment-based immigrant visa process take?

The U.S. employment-based immigrant visa process usually takes between 6-12 months, depending on the individual circumstances of each applicant.

3. What documents are required for an employment-based immigrant visa application?

The documents required for an employment-based immigrant visa application vary depending on the type of visa being applied for. Generally, applicants will need to provide a valid passport, two passport-sized photographs, a completed visa application Form DS-260, evidence of the applicant’s qualifications and experience related to the job offer, proof of the job offer and salary, and proof of funds. Depending on the visa type, other documents may be required, such as medical examination results, police certificates, evidence of a labor certification, and evidence of any valid nonimmigrant status.

4. Are there any minimum educational or work experience requirements for an employment-based immigrant visa?

Yes, there are minimum educational and work experience requirements for an employment-based immigrant visa. Generally, the sponsoring employer must show that the foreign national meets the minimum requirements for the job. For certain categories of employment-based visas, the foreign national must be highly skilled and have a bachelor’s degree or higher. Other categories may require a combination of education and work experience. The USCIS has more information about specific visa categories and their associated requirements.

5. What is the difference between a labor certification and a PERM application?

A labor certification is an application for alien workers seeking to obtain permanent residence in the U.S. through an employment-based visa. The labor certification process is required for the employer and employee to file a Form I-140, Immigrant Petition for Alien Worker.

A PERM application is an application for foreign workers seeking to obtain permanent residence in the U.S. through a labor certification program. The PERM application requires the employer to demonstrate that there are no qualified U.S. workers available for the job and that wages paid to the foreign worker will not adversely affect U.S. wages and working conditions. It also requires the employer to conduct a recruitment process to demonstrate the availability of qualified U.S. workers.

6. What is an immigrant visa number and why is it important?

An immigrant visa number is a number assigned to an individual applying for U.S. permanent residence. This number is important because it is used to track the progress of the applicant’s application, including when their visa is issued and when they can enter the United States. It is also used to identify a person when they are approved for permanent residence in the United States.

7. How can I check the status of my employment-based immigrant visa application?

You can check the status of your employment-based immigrant visa application with the National Visa Center (NVC). The NVC will provide information about the current status of your case, including processing times and any additional documents or forms you may need to submit. You can also use the NVC’s online Case Status Inquiry page to track the progress of your case.

8. Does having a criminal record in my home country make me ineligible for an immigration visa to the U.S.?

In some cases, having a criminal record in your home country can make you ineligible for an immigration visa to the U.S. It depends on the nature of the crime and the laws of the U.S., so you should consult with a U.S. immigration attorney for specific advice. Generally, if you have been convicted of a “crime involving moral turpitude” or an “aggravated felony”, you may be ineligible for a visa to the U.S.

9. What are the medical requirements for obtaining an employment-based immigration visa?

In order to obtain an employment-based immigration visa, applicants must pass a U.S. Department of State medical examination with a doctor who is authorized by the U.S. Embassy or Consulate to perform such exams. This medical examination includes an assessment of mental health, infectious diseases, and physical impairments. Applicants must also be up-to-date on their vaccinations and provide proof of immunization to the authorized official during the exam.

10. Is it possible to renew or extend my employment-based immigration visa?

Yes, it is possible to renew or extend an employment-based immigration visa. The U.S. Citizenship and Immigration Services (USCIS) can grant extensions if the applicant can demonstrate continued need for the visa. The specifics of the visa renewal process will vary depending on the type of visa and the individual situation.

11. How is family status determined in the context of an employment-based immigration visa application?

Family status is determined by the U.S. Citizenship and Immigration Services (USCIS). To be eligible for an employment-based immigration visa, applicants must meet certain requirements based on the type of visa they are applying for. Those requirements may include proof of family relationship to the primary visa applicant, such as a marriage certificate or birth certificate. The family status of the applicant is also determined through evidence of a sponsoring family member, such as an employer’s offer of sponsorship or invitation letter. In certain cases, family members who are not eligible for the visa may be admitted as derivative beneficiaries if they are listed on the application of the primary visa applicant.

12. Is there any way to expedite the processing of my employment-based immigration visa application?

Unfortunately, no. All applications are processed on a first come, first served basis and the processing time can vary depending on the individual case. Depending on the type of visa application you are applying for, applications can take anywhere from 1-5 years to complete.

13. Can I obtain permanent residency through an employment-based immigration visa?

Yes, it is possible to obtain permanent residency through an employment-based immigration visa. The most common visa used for this purpose is the EB-1A visa, which is for people with extraordinary ability in the sciences, arts, education, business, or athletics. There are also various other types of employment-based visas such as the EB-2 and EB-3 visas. Each has different eligibility criteria and requirements.

14. What types of employment opportunities are available under an employment-based immigration visa?

Employment-based immigration visas are divided into five categories:

1. EB-1: Priority Workers, which include executives, managers, researchers, and professors.

2. EB-2: Professionals with Advanced Degrees or Exceptional Ability in the Sciences, Arts, or Business.

3. EB-3: Skilled and Unskilled Workers.

4. EB-4: Special Immigrants, such as religious workers and certain employees of the U.S. government abroad.

5. EB-5: Investors who invest at least $500,000 in a new commercial enterprise that employ at least 10 full-time U.S. workers.

15. Can I apply for an employment-based immigration visa from outside of the United States?

No, the majority of employment-based green cards (permanent resident visas) require that the applicant be in the United States. However, some types of employment-based immigration visas may be available for individuals living outside of the United States. Please consult an experienced immigration attorney to determine if you are eligible for any such visas.

16. How does U.S. Citizenship and Immigration Services (USCIS) determine eligibility for an employment-based immigration visa?

USCIS determines eligibility for an employment-based immigration visa based on a number of factors, including the position offered, the applicant’s qualifications, the employer’s ability to pay the prevailing wage, and the employer’s ability to provide evidence that the foreign worker is not displacing a U.S. worker. The employer must also demonstrate that the applicant meets the specific requirements for the visa category for which he/she is applying.

17. Is there an annual numerical cap for each preference category of an employment-based immigration visa?

No, there is no annual numerical cap for each preference category of an employment-based immigration visa. The U.S. Department of State annually sets the overall numerical ceiling for employment-based visas for each fiscal year, but there is no annual numerical cap for each preference category.

18. Can I change employers while on an employment-based immigration visa?

Yes, you can change employers while on an employment-based immigration visa. However, you will need to file another Labor Certification and Immigrant Petition if the new employer is in a different occupation. You will also need to ensure that the new employer is willing to sponsor you for a new visa, and that the Department of Labor certifies your petition.

19. Are there any travel restrictions while on an employment-based immigrant visa?

Yes. Travel restrictions may be imposed while on an employment-based immigrant visa. Visas will be subject to the terms that were initially granted, including any travel restrictions. Generally, immigrants are prohibited from traveling outside the United States until their green card application has been approved. Additionally, there are certain countries that have restrictions on travel for people who hold certain types of visas.

20. What is the minimum salary requirement to qualify for an employment-based immigrant visa?

The minimum salary requirement to qualify for an employment-based immigrant visa varies depending on the category of visa and the individual’s occupation. Generally, the employer must offer wages that are at least the higher of either the actual wage paid to other individuals with similar experience and qualifications for the same position in the same geographic area, or the prevailing wage for the occupation in the area of intended employment.