Important Things to Know About Employment-Based Visas in the United States

Employment-based visas let foreign nationals seek employment in the U. S. and for American companies to hire international talent. They are designed to make sure qualified applicants with the skills to work in the U. S. jobs for which they are needed can live and work here without concerns about their legal status. A reputable Dallas Immigration Lawyer knows the complexities of immigration. That is why they want to help clients every step of the way. Keep reading to learn more about employment-based visas:

The Basics of Employment-Based Visas

Employment-based visas are available every year on October 1, and only a limited number is available from this day through the following September. Employment visas are categorized into priority workers, immigrant investors, some special immigrants, skilled workers, unskilled workers, and professionals, as well as professionals who hold advanced degrees and persons of exceptional ability. To get an immigrant visa, applicants must determine the right category that fits them. Then, they have to work with an employer or possible employer to file a petition with the Department of Labor. The certification from the DOL will prove that the employer needs foreign workers and that they can’t fill these work positions with U. S. employees. Also, the certification makes sure that temporary foreign workers will not adversely affect the job opportunities of U. S. citizens. 

Kinds of Employment-Based Visas

To qualify for an employment-based visa, applicants must fall into one of the following categories:

  • First preference categories. People with an extraordinary ability in the fields of art, sciences, education, athletics, and business can apply for employment-based visas. They need to provide documentation that shows national or international acclaim in their field of expertise and must work in this field when they enter the U. S. This category also includes outstanding researchers and professors and multinational managers or executives. 
  • Second preference categories. This category includes professionals who hold an advanced degree, those with exceptional ability in arts, business, or sciences. 
  • Lower-preference categories. This offers employment-based visas for skilled and unskilled workers, some special immigrants, and immigrant investors. 

What is an Employment Petition?

This petition is submitted by a U. S. company that wishes to sponsor a foreign worker for an employment visa. The company pays the fees for processing and sponsoring the employee. Also, they should attach supporting documents that prove the company can afford to hire a foreign worker, that they have paid taxes, and obtained a Labor Certification Application from the DOL.