U.S. Work Visa and Employment-Based Green Card Process

1. What is the U.S. work visa and employment-based green card process?


The U.S. work visa and employment-based green card process is a long and often complex process that allows foreign nationals to legally work and live in the United States. The process begins with an employer filing a petition on behalf of the foreign national with the United States Citizenship and Immigration Services (USCIS). Upon approval of the petition, the foreign national then applies for a work visa (if needed) at a U.S. embassy or consulate abroad. Once the visa is issued, the foreign national can enter the United States and may begin working for their sponsoring employer. After a certain period of time, they may then apply for an employment-based green card, which grants them permanent residence in the United States.

2. How long does it typically take to get a work visa and/or green card?


It typically takes between 8 months and 1 year to get a work visa and/or green card. The exact time frame varies based on the individual’s qualifications and the type of visa or green card they are applying for.

3. What documents are required for the employment-based green card process?


The documents required for the employment-based green card process include

– Form I-140, Immigrant Petition for Alien Worker
– Form I-485, Application to Register Permanent Residence or Adjust Status
– Form I-765, Application for Employment Authorization
– Form I-131, Application for Travel Document
– Form G-28, Notice of Entry of Appearance as Attorney or Representative
– Supporting evidence (e.g. documents demonstrating proof of experience and/or qualifications such as educational degrees, letters of recommendation, etc.)

4. What types of U.S. work visas are available?


The types of U.S. work visas available include the H-1B visa, the L visa, the O-1 visa, the E-2 Treaty Investor visa, the TN visa for NAFTA professionals, the R-1 Religious Worker visa, and the B-1 Temporary Business Visitor visa.

5. How do I apply for a U.S. work visa?


To apply for a U.S. work visa, you will need to file Form I-129, Petition for Nonimmigrant Worker. This form is sponsored by an employer in the U.S. and must be submitted to the U.S. Citizenship and Immigration Services (USCIS). The employer must attest to your qualifications and the details of your position, such as where you will work and the type of job duties you will perform. Depending on the type of work visa you are applying for, you may also need to complete additional forms or provide additional documentation. After submitting all necessary forms and documents, USCIS will review your application and make a decision on whether to grant or deny your petition.

6. What is the difference between a work visa and a green card?


A work visa is a temporary permit that allows a foreign national to be employed in the United States for a specific period of time. A green card, also known as a permanent resident card, is a document issued to immigrants that allows them to live and work in the U.S. indefinitely.

7. What is the difference between an H-1B and an employment-based green card?


An H-1B visa is a temporary nonimmigrant visa to allow a foreign worker to enter the U.S. for up to three years to work in a “specialty occupation” requiring specialized knowledge. The employer must file for a Labor Condition Application (LCA) with the Department of Labor before filing the H-1B petition.

An employment-based green card is a permanent residence visa. It grants foreign workers the right to live and work in the U.S. permanently. This process can take several months and requires an employer to file an Immigrant Petition for Alien Worker with USCIS.

8. Are there specific salary requirements to qualify for a work visa or employment-based green card?


Yes, the salary requirements to qualify for a work visa or employment-based green card depend on the type of visa or green card that is sought. For example, the minimum salary requirement for an H-1B visa is $60,000 per year, while the minimum salary requirement for an EB-2 green card is $50,000.

9. Are there any restrictions on who can apply for a U.S. work visa or employment-based green card?


Yes, there are a variety of restrictions on who can apply for a U.S. work visa or employment-based green card. Generally, applicants must demonstrate that they possess certain skills or experience, or have a valid job offer in the US, in order to be eligible. Additionally, certain categories of individuals may be ineligible based on their criminal records, health, security, or other grounds.

10. Does the employer need to be approved before an employee can receive a work visa or employment-based green card?


Yes, the employer must obtain certification from the U.S. Department of Labor that no qualified U.S. workers are available to perform the job for which the foreign worker is being hired. This certification is needed in order to obtain an employment-based visa or green card for the foreign worker.

11. How many times can I renew my work visa?


Your work visa can usually be renewed each year, depending on the type of visa and the country in which you are residing. However, some countries may have specific rules or restrictions on how many times you can renew your work visa. You should consult with the embassy or consulate of the country in which you are residing for more information.

12. Is there an application fee for a U.S. work visa or an employment-based green card?


Yes, there is an application fee for a U.S. work visa or an employment-based green card. Fees vary depending on the type of visa or green card being applied for. For example, the current filing fee for an I-140 petition for an employment-based green card is $700.

13. Are there any special requirements for obtaining a work visa or green card as a student or scholar?


Yes, there are special requirements to obtain a work visa or green card as a student or scholar. These requirements vary depending on the country you are from and the type of visa or green card you are applying for. Generally, you must be accepted into a school or educational program, have proof of financial support, and be able to prove that you will return to your home country after completing your studies. Additionally, international students may need to pass language and other tests in order to qualify for a visa or green card.

14. How do I check the status of my work visa or employment-based green card application?


You can check the status of your work visa or employment-based green card application by going to the U.S. Department of State’s visa status check page. You can also check the status of your application through the USCIS website. There you can create an account or log in to view your case status. Additionally, if you have applied for an employment-based green card, you can check the status of your case through the National Visa Center (NVC) website.

15. What happens if my application is denied or my petition is rejected?


If your application is denied or your petition is rejected, you will receive a decision letter from U.S. Citizenship and Immigration Services (USCIS) explaining the reason for the denial or rejection. Depending on the reason for the denial or rejection, you may be able to refile your application or petition with additional information or documentation to support your case, or appeal the decision.

16. What is Premium Processing for Work Visas and Green Cards?


Premium Processing is an optional service offered by U.S. Citizenship and Immigration Services (USCIS) that allows employers to pay an additional fee to expedite the processing of certain types of work visas and green card applications. It provides a guarantee of 15 calendar days for USCIS to process the application or issue a Request for Evidence or Notice of Intent to Deny.

17. How long do I need to stay in the United States on a valid Work Visa or Employment Based Green Card?


It depends on the type of visa or green card you have. In general, a work visa or employment-based green card can allow you to stay in the United States for as long as your visa or green card is valid. Some visas, such as the H-1B and O-1 visas, are valid for up to three years. Other visas, such as the TN visa, can be valid for up to one year. Employment-based green cards can be valid for up to 10 years, depending on the category.

18 Are there any limits on how long I can stay on a Work Visa or Employment Based Green Card in the United States?


Yes, there are limits on how long you can stay in the United States on a work visa or employment-based green card. The time limit for each type of visa or green card varies, but typically you can stay in the U.S. for up to six years on an employment-based green card and three years on a work visa. You will need to leave the country after your period of stay expires or apply for an extension to remain in the United States.

19 Are spouses of applicants eligible to receive visas or green cards through the U.S. Work Visa and Employment Based Green Card process?


Yes, spouses of applicants are eligible to receive visas or green cards through the U.S. Work Visa and Employment Based Green Card process. The spouse of the applicant is eligible to receive a derivative visa or green card, depending on the visa status of the principal applicant.

20 Are dependents of applicants eligible to receive visas or green cards through the U.S. Work Visa and Employment Based Green Card process?


Yes, dependents of applicants are eligible to receive visas or green cards through the U.S. Work Visa and Employment Based Green Card process. Depending on the visa category, dependents are eligible for either derivative visas or green cards that are linked to the primary applicant’s application. For example, spouses and unmarried children under 21 years of age of a principal applicant are eligible for derivative visas if the principal applicant has an H-1B visa. Similarly, spouses and unmarried children of a principal applicant with an Employment Based Green Card are eligible for derivative green cards.