Getting an Employment Based Visa

The US Citizenship and Immigration Services (USCIS) provides approximately 140,000 employment-based visas every single fiscal year (October 1-September 30). If an individual is within the preference categories, his/her prospective employer or agent may possibly call for support from a qualified and experienced immigration attorney to work on this.

Before you get in touch with a legal practitioner, here is a appear at the frequent questions relating to employment-based visa applications.


What is the initially step? Acquiring the labor certification approval from the US Department of Labor is the first task to handle.

Who files the petition? Filing the Immigration Petition for Alien Worker, Form 1-140 with the USCIS is the responsibility of the employer.

What are the categories of preference? These are as follows:

Employment Initial Preference (E1): Priority Workers

Employment Second Preference (E2): Specialists Holding Advanced Degrees and Persons of Exceptional Ability

Employment Third Preference (E3): Skilled Workers, Experts, and Unskilled Workers (Other Workers)

Employment Fourth Preference (E4): Particular Particular Immigrants

Employment Fifth Preference (E5): Immigrant Investors

What occurs next? Right after the USCIS approves the petition, the National Visa Center takes up the case for further processing. Ideal from filing a petition to preparing for the visa interview, you will need a competent immigration attorney for assistance and guidance.

What fees do you have to have to pay? This would consist of the petition filing fees, visa application processing fees, medical examination and vaccination costs, and other expenses like photocopying expenses, travel costs, etc.

Do you require to undergo a medical examination? Yes. You have to have to undergo the examination from an authorized panel physician only. You also have to have particular vaccinations just before you get a visa.

Which documents do you need to submit? This would include your valid passport, Immigrant Visa and Alien Registration Application DS-230, Civil Documents (birth certificate, marriage certificate, and so on), Monetary Support Documents, Medical Examination Forms and photographs.

How lengthy would it take? This depends on the distinct circumstances of your case. There is a limit to the visas issued every single year. Moreover, any error on your component might also delay the procedure. Even so, this risk minimizes if you have an attorney for help.

What occurs if you are ineligible? Particular circumstances may well make you ineligible for an employment-based visa (wellness related grounds, criminal record grounds, prior rejection of visa grounds, and so on). If you already have an immigration attorney, he/she would know no matter whether there is a waiver available and the way the waiver procedure works.

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