Employment-Based Immigration

There are many great opportunities to come to the U.S. to live and work. Finding a job will provide you with an immigrant visa that allows you to stay in the country and make a living. As a visa holder, you could eventually be eligible to get a green card or become a U.S. citizen.

This article provides an overview of employment-based immigration. U.S. immigration laws are always changing. Talk to an experienced immigration attorney about employment-based immigration visas if you want to apply.

What Is Employment-Based Immigration?

Employment-based immigration is an option for foreign workers to live and work in the country. Work visas can be non-immigrant, also known as temporary, or immigrant visas.

Temporary non-immigrant visas are for farm workers, seasonal workers, and professionals in specialty occupations.

With an immigrant visa, eligible workers can get a visa that allows them, their children, and their spouses to come to the U.S. As a lawful permanent resident (LPR), you may eventually be able to get citizenship. There are several preference categories of employment-based (EB) visas, including:

• First preference EB-1: Priority workers
• Second preference EB-2: Professionals with advanced degrees and exceptional ability
• Third preference EB-3: Professionals, skilled workers, and other unskilled workers

There are also immigrant visa categories for special immigrants and immigrant investors. Special immigrants include religious workers, members of the armed forces, and other types of immigrants. Immigrant investors and family members are eligible for a green card if they invest in commercial enterprises that support full-time jobs for U.S. workers.

First Preference Priority Workers

Eligibility for first preference visas includes workers with extraordinary abilities, outstanding professors, or multinational managers. If you are in this group, your potential U.S. employer will file a petition with U.S. Citizenship and Immigration Services (USCIS). However, if you have “extraordinary abilities,” you can file your own petition.

Second Preference Priority Workers

The second preference is for professionals with advanced degrees or exceptional abilities. There is also an option for national interest waivers that do not fit into one of the other categories but are beneficial to the U.S. 

Third Preference Priority Workers

This includes skilled workers with a minimum amount of work experience, training, or education. This category requires a minimum degree level and professional membership. Other workers in this group include unskilled labor with a minimum amount of experience or training.

How Can I Get a Worker Visa?

USCIS administers employment visas. Generally, your U.S. employer has to get labor certification approval from the Department of Labor (DOL). For an immigrant visa, your employer files a Form I-140 Immigrant Petition for Alien Workers.

The visa application process requires supporting documentation, including:

• Photographs
• Passport
• Financial support
• Birth certificate
• Fees

You will then get a medical examination and go to your local embassy or consulate for an interview.

If the work visa is approved, you are allowed to travel to the U.S. Once in the country, you can start your job and earn money. If you have a non-immigrant visa, you will likely have to return to your home country. If you have an immigrant visa, you can apply for an adjustment of status to get a green card.

How to Get Permanent Citizenship With a Worker Visa

If you want to be a naturalized citizen of the U.S., first make sure you are eligible. There is a waiting period before you become eligible for citizenship. For most workers, this means having a green card in the country for at least five years. Spouses and others may have a shorter or longer waiting period.

Citizenship also requires passing a civics test and an English language test where you demonstrate proficiency in spoken and written English. There may be exceptions based on your age or disability. You have to have good moral character and a clean criminal record.

You have to go to a biometrics appointment to get photographed and fingerprinted. An interview is the final part of the naturalization process. If you are granted eligibility for naturalization, you can take the oath of allegiance to become a U.S. citizen.

How Can an Immigration Lawyer Help?

Before coming to the U.S. to start a new job, make sure you understand the U.S. immigration laws and restrictions. Making a mistake on an immigration petition can delay your visa or make you ineligible for entry. Talk to an experienced immigration attorney if you want to come to work in the U.S. A lawyer can explain the process and help you prepare your application and documents.