How to Apply for an Employment-Based Visa in the U.S.

Getting an employment-based visa is an important step to moving to the United States for work. Many employers sponsor these visa applications because they often produce the desired results.

Employment-based visas allow foreign nationals to work in the United States. They are categorized into five preference categories, each with specific requirements and eligibility criteria.

This type of visa allows you to work and gain permanent residence in the country. However, you may be unsure how to start and complete your application. Here are seven helpful steps to guide you through the process.

1. Figure Out the Kind of Visa You Need

Find out which kind of visa you need before starting your application. In the U.S., there are five employment-based visa categories. Priority workers fall under the EB-1 category. This class includes people with extraordinary abilities, such as professors, researchers, and athletes.

The EB-2 category includes professionals with advanced degrees. The EB-3 category includes skilled and unskilled laborers. The EB-4 category includes religious workers and retired employees. The EB-5 category is for immigrant investors.

2. Get a Job In the U.S.

Get a job with a U.S. employer willing to sponsor your visa application. To do this, look for job openings that match your skills. You can do this by yourself or hire agencies to help you out. In any case, detailed employment contracts are important. 

To continue the process, you’ll need labor certification. This involves your employer getting approval from the Department of Labor. This certification shows that no U.S. workers are available for the job.

3. Submit Form I-140

Your sponsor must submit Form I-140 to the United States Citizenship and Immigration Services (USCIS). This form contains your qualifications, proof of job offer, and labor certification. If your I-140 is approved, wait for a visa number assignment. Waiting times can vary based on your category and annual issuance quotas.

4. Apply for the Visa

If you’re outside the U.S., complete the application process at a U.S. embassy or consulate. However, if you’re already in the country, apply for adjustment of status to permanent residency.

Consider hiring a green card lawyer when applying for employment-based visas. Attorneys offer legal advice and help you collect the needed documents. They can also prepare you for the USCIS interview.

5. Attend the Interview

You’ll need to attend an interview with the USCIS to determine your eligibility for the visa. If you’re abroad, this interview is usually at a consulate abroad. After the interview, the agency reviews your application while you await a decision.

6. Get a Decision

After the review, you’ll get feedback on whether your application is successful. If it is successful, you’ll get a visa to enter the country for further consular processing. If you’ve applied for an adjustment of status, you’ll receive a green card after approval. However, if your application is unsuccessful, you can apply again. Also, consider hiring an immigration agent to help with your application.

7. Get Your Green Card

After your application is approved, pay the immigration fee. Then, you’ll get your green card. This document grants you permanent residence and permits you to work in the country. Remember that you must keep this document with you at all times.

Endnote

To apply for an employment-based visa in the U.S., you must determine the kind of visa you need. Then, get a job in the country, submit your form I-140, and send your application. Finally, attend the USCIS interview and get a decision.

Mike

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