Employment - Based Visa

Employment visas permit a foreign society to work in the U.S. for a short period. This normally involves sponsoring for employment visa status by the U.S. company to relocate the Worker to the U.S. for a short time. Employment visas are seldom called work visas or work licenses. There are normally allowances or limits on the number of employment visas declared per year. Each fiscal year (October 1st – September 30th), about 140,000 employment-based immigrant visa status are offered available to qualified applicants under the terms of U.S. immigration law. Employment-based immigrant visas are classified into five preference classifications. Some spouses and children may bring or follow-to-join employment-based foreigners. It is likely to become a constant citizen of the United States through Employment. But, some classes of work visas require a certification from the U.S. Department of Labor, noting that there are not sufficient U.S. workers who are qualified, reliable, able, and available in the geographic area where the immigrant wants to be employed and that foreign workers will replace no adequate American worker. United States immigration law grants foreign citizens a diversity of methods to ultimately obtain a green card for Employment in the United States. Despite your citizenship status, you should clarify this question honestly if you want the firm to sponsor an employment visa for you to move to and live in the United States after you have to respond affirmatively—even if you are worried that taking so will harm your odds of getting the job. Declining to reveal this continues after you get a job offer will most surely succeed in the job offer being repealed, as the employer must originally try to fill the position with local U.S. citizens. The company can only hire a foreign state and sponsor an employment visa if there are no socially qualified petitioners. If the recruiter denied qualified local petitioners before hiring you, they would have to go following and restart the employing process.

Qualification criteria

  1. Are a first choice foreigner worker, indicating you:
    1. Have exceptional experience in the sciences, arts, education, business or athletics, or
    2. Are an excellent teacher or researcher, or 
    3. Are a multinational director or administrator who satisfies specific criteria
  2. Are a second choice immigrant worker, meaning you:
    1. Are a part of a profession that needs an advanced qualification, or 
    2. Have extraordinary ability in the sciences, arts, or business, or 
    3. Are seeking a public interest waiver 
  3. Are a third choice immigrant worker, meaning you are:
    1. An experienced worker (indicating your job needs a least two years of practice or work experience), or 
    2. A professional (indicating your job needs at least a U.S. bachelor’s degree or an international equivalent and you are a part of the profession), or 
    3. An untrained worker (implying you will perform unskilled work needing less than two years of practice or experience)




  1. Passport – must be confirmed for at least six months behind the time of your expected entrance into the United States (unless the U.S. embassy or government offers longer. 
  2. Form DS-260 – the Immigrant Visa and Alien Registration Application 
  3. Pictures – you’ll require two 2×2 photographs that satisfy the State Department’s demands. 
  4. Civil records – birth certificate, marriage certificate, and any other reports explicitly asked by the U.S. embassy or office. 
  5. Financial assistance – evidence that you will not become a state charge in the United States (i.e., data that you will not need government support programs in the U.S.) 
  6. Completed medical test reports – you should get these from the panel doctor after performing your required medical exam and getting all treatments.

Steps to get Employment-based Visa/Green card:

Employers or lawyers get a labor certification approval. Employer records request with USCIS. USCIS grants request to the National Visa Center (NVC) Immigrant petitions for an immigrant visa or Green CardThe great news is that if you get a job offer to work in the United States, your current company will begin the visa petition process. The employer will begin with getting a labor certification approval from the U.S. Department of Labor. They will later file an Immigrant Petition for Alien Worker (Form I-140) with the U.S. Citizenship and Immigration Service (USCIS) based on their eligibility classification.

There are special steps to understand for a U.S. employer to request a foreign worker/labor to become a permanent U.S. citizen. These are:

  1. Employers or lawyers get a labor certification approval.
  2. Employer records request with USCIS.
  3. USCIS grants request to the National Visa Center (NVC)
  4. Immigrant petitions for an immigrant visa or Green Card

For most employment levels, the sponsoring employer must get a labor certification approval from the Department of Labor, which guarantees that no qualified U.S. workers are ready or willing to do the job that the foreigner will be chosen to do.

If the labor certification is admitted, the employer then requires to request Form I-140, the Immigrant Petition for Foreign Worker, with the U.S. Citizenship and Immigration Services (USCIS) for the proper employment-based preference section. Individuals from the E-B1 class can file their requests.

Once USCIS accepts the request, it is sent to the National Visa Center (NVC), who will start pre-processing the applicant's claim.

  • the applicant's proposed employer or lawyer must first get labor certification permission from the Department of Labor. Once accepted, the company then lists an Immigrant Petition for foreigner Worker, Form I-140, with the U.S. Citizenship and Immigration Services (USCIS) for the proper employment-based choice category. Persons with exceptional skills in the Employment First choice category can register their appeals. If the petitioner is already in the U.S., they could apply for an Adjustment of Status. Unless the petitioner would go through the method of obtaining a visa through a government or embassy.


    Once everything on the employer's end is practiced care of, a state agent will communicate with you for your visa request forms and civil records. While the present paper may vary depending on your position, you'll always require your documentation


    The concluding step in the visa petition process is an interview with a consular officer at the most next U.S. embassy or office. The final decision about whether your request is suitable for a foreigner visa holds with this officer, so this may be the common important move in the process. Understanding the meeting works well, the officer will get your digital fingerprints and return all of your original civil reports ere you go.

Employment Based Visas

Having a visa does not ensure entrance to the U.S. But, it does mean that a consular executive at a U.S. consulate or government has decided that you are qualified to ask entry for the plan noted on that visa. There are five distinct types of work visas with various conditions, all of which you should discuss with your Rockville, MD employment visa lawyer, or naturalization solicitor. Suppose you are currently in the United States. In that case, an immigrant visa is now accessible to you as an EB-1, EB-2, or EB-3 immigrant, and you meet certain other terms, you may file Form I-485, Application to file Permanent Residency or Adjust Status, to apply for a Green Card without moving from the country. U.S. immigration law provides 140,000 persons yearly to get green cards through Employment. This amount involves both the primary Worker and direct family members such as husband/wife and single children. Persons born in a different country cannot use higher than 7% of the quota in any five employment-based (E.B.) sections. This has begun to high reserves in the E.B. categories for persons born in India, mainland China, and the Philippines. Ere an EB-2 or EB-3 preference petition on behalf of a proposed emigrant can be presented to the U.S. Citizenship and Immigration Service (USCIS). A director usually must get the favor of a PERM appeal from the U.S. Department of Labor. This depicts a decision by the Secretary of Labor that no minimally-qualified U.S. workers are available, ready, and capable to fulfill the job and that the Employment of a foreigner will not unfavorably influence the salaries and performance requirements of U.S. workers.

First choice for preference workers, including "foreign citizens with exceptional experience in the sciences, arts, education, business, or athletics; prominent professors and researchers; or some multinational directors and administrators.

Another preference for "different nationals who are parts of the professions holding excellent degrees or who have the extraordinary ability (including applications for social interest reservations).

Third choice for different nationals who are "experienced workers, experts, or other operators."

  • Fourth choice for specific foreigners like spiritual workers, ignored/exploited juveniles, retired officers or employees of some international organizations, or NATO, and some family members.

The fifth choice for immigrant investors, "foreign citizens who have funded or are actively in the method of funding [sums of at least] $1 million (or $500,000 in targeted employment areas) in a different business industry that will serve the U.S. market and create at least ten full-time professions for qualifying employees.

Employment sponsored U.S. visa.

Employer-Sponsored Visas enables experienced workers to exist and work in the U.S. for their nominating U.S. company. Visa candidates must be qualified or have enough experience working in a job listed on the appropriate Experienced Trade List.

Some types of employment sponsorship visas may also need work certification, which is a process confirming that the employer requires that special Worker for the work and can’t find related employees from the provisions of U.S. laborers. In some states, an employment-based visa can start to a lawful permanent resident state for the Worker. This may require an agreement of the state after some period.

To be ready to go to the U.S. to work, you need first to get a job. The organization must be willing to hire someone who is not from the U.S. The company you plan to run for must know that you are not a U.S. resident or Legal Permanent Resident (LPR). If the company is knowledgeable and still needs to choose you, then they allow to sponsor you.

A US visa or employment sponsorship indicates that the company in the U.S. is hiring you. They are supporting the U.S. visa authorities that you will be a legal working citizen. The company will state that you will run the job post they approved you for. They must also ensure that you will receive the equivalent salary as a U.S. citizen or LPR in the related job post.

The employer visa sponsorship is not exactly a report, as most people believe. They are a collection of records given to the U.S. Citizenship and Immigration Services (USCIS). It is not only one sponsorship note, as most people think. The papers must have many forms and reports with the employment report. They must also declare that the company is readily using the employee.


To get a sponsored visa

Obtaining a sponsorship employment visa needs you to possess a proposal from a U.S. employer. The U.S. employer must send you a deal to contract, which will then be a section of the sponsorship papers.

In some non-immigrant visas, the Department of Labor first needs a Labor Certification. This is the section where the U.S. employer shows they could not get a proper U.S. employee but must select a foreign person.


After receiving this certification, the employer submits the request. The request has all the approving documents, records, plans, and skills of the employee. It is then offered to USCIS. For non-immigrant employment visa sponsorships, the employer offers Form I-129, Petition for Nonimmigrant Worker. For immigrant visas, the employer offers Form I-140, Immigrant Petition for Foreign Worker.