Employment-Based Visas: Obtaining Residence Through Employment
Foreign nationals with certain education, skills, and work experience may be eligible to live and work in the United States through employment-based visas. Each year, there are about 140,000 employment-based visas available for individuals interested in coming to the U.S. At Rios Immigration Law Firm, our St. Petersburg employment-based visa attorneys have more than four decades of experience representing clients in this complex process.
Contact our team at 727-416-7943 to discuss your eligibility for employment-based immigration.
Types Of Employment-Based Visas
Employment-based visas have five preference categories. The right type of visa for you depends on your unique skills and the industry in which you plan to gain employment in the United States. You must meet all eligibility requirements in order to complete this process successfully.
The employment-based visa categories include:
- First preference (EB1) – Priority workers with extraordinary abilities in the arts, sciences, business, athletics, or education fields. This includes outstanding professors and researchers, as well as multinational managers and executives.
- Second preference (EB2) – Members of professions with advanced degrees or exceptional ability in the sciences, arts, or business fields.
- Third preference (EB3) – Professionals, skilled workers, and unskilled workers with permanent, full-time job offers.
- Fourth preference (EB4) – Special immigrants, including religious workers, physicians, armed forces members, broadcasters, international organization employers, and Iraqi or Afghan translators.
- Fifth preference (EB5) – Foreign nationals significantly contributing to the economy or job creation in the United States, such as investing a specific amount of money or employing at least 10 workers.
Labor certification is required for people in the second and third preference categories for employment-based visas. This means that a worker is required to have an arrangement with an employer in the United States who will sponsor them. The labor certification verifies that there are insufficient qualified workers available in the U.S. to fill the position and that hiring a foreign worker will not affect the wages of U.S. workers in similar jobs.
The Process Of Applying For Employment-Based Permanent Residence
You may also qualify for an employment-based green card (permanent residence). As with any type of immigration, you must follow every step and submit all required documentation for your application to be approved. If you are missing any of the required documents, USCIS may delay or deny your green card.
The documents required for employment-based green cards include:
- Birth certificate
- Curriculum vitae
- Income tax filings for at least 3 years
- Titles of studies completed
- Letters of recommendation
- Information about the duties and responsibilities
- Your employer information
The employment-based immigration process involves many different steps and more than one government agency. As a result, the process can be lengthy. While we may not be able to expedite the immigration process, carefully preparing and reviewing your documentation may effectively avoid delays.
Reaching Your Career Goals In The U.S.
We understand that coming to the United States generates many invaluable opportunities. Every member of our staff is committed to helping our clients take full advantage of these opportunities. Our St. Petersburg employment-based visa lawyers can help you determine the right category of preference for your situation and guide you through the process.