Posted on October 22 2022
Abstract: There are 5 employment based visas offered by the USA for immigrants to work in the country.
An international individual who is issued an immigrant visa, which is employment-based, can become an LPR or Lawful Permanent Resident. The visa is known as Green Card, through an employment-based preference category.
Immigrants present in the US who wish to adjust their status to LPR have to file Form I-485 based on approved and pending immigrant visa petitions. Immigrants living abroad and wanting to work in the US are required to submit a Visa Application with Form DS-260, online after their immigrant visa petition has been approved.
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There are 5 preferences for Employment-based Immigrant Visas offered by the US:
It is reserved for individuals with extraordinary skills in the arts, sciences, business, education, or athletics. Outstanding researchers or professors and multinational managers and executives can also apply for the visa.
The candidate needs to demonstrate that they have received national and international accolades and that their achievements have been recognized in their field of expertise. They are required to include proof of achievement or fulfill 3 out of 10 listed criteria given in the USCIS Policy Manual.
Labor Certification is not required for the EB-1 visa.
The spouse and children below 21 years of age are eligible to apply for entry to the US under E-14 and E-15 immigrant status, respectively.
It is aimed at international individuals having advanced degrees or at individuals with outstanding ability in the arts, business, or sciences.
Labor certification is generally required for this visa. In cases, where the candidate has a national interest waiver, labor certification is not required.
Spouses and children below 21 years of age are eligible to apply for entry to the US under the E-21 and E-22 immigrant status.
It is aimed at international professionals, skilled workers, and other workers with varying skills.
Skilled workers must have the given requirements in education and work. Relevant post-secondary studies can be considered as training.
Professionals need to have a U.S. baccalaureate or an equivalent degree from abroad and should be a member of the professions.
Other workers employed in unskilled jobs require less than 2 years of experience. The training should not be seasonal or temporary.
Labor certification is required.
The dependents can apply for:
It is aimed at 'special immigrants', and includes specific employees of US foreign service job roles, religious workers, employees who have retired from the workforce of international organizations, foreign national minors who are dependent on legal courts in the US, and other categories of immigrants.
Labor certification is not required.
Certain EB-4 classifications permit spouses and children below 21 years of age to be admitted to the United States.
It is aimed at business investors who invest 800,000 -1.5 million USD if the investment is done in a specific employment area comprising infrastructure projects in a new commercial venture that employs a minimum of 10 full-time workers from the US.
Labor certification is not required.
Every fiscal year, a specific percentage of EB-5 immigrant visas are available for qualified foreign nationals who invest in certain areas.
The holders of the Green Card visa have to pay the same tax as US citizens do.
The process begins with the employer filing the immigrant visa petition on behalf of the immigrant professional with USCIS or US Citizenship and Immigration Services. For a few categories, the process starts when the permanent labor certification application is filed with the US DOL or Department of Labor.
The petition can be filed by a prospective employer, or in some cases, by the immigrant for themselves.
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