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Employment-Based Visas
What Are Employment-Based Visas?
Employment-based visas allow foreign workers to live and work in the U.S. based on their skills, experience, and job offers from U.S. employers. These visas are divided into several categories, each designed for specific types of workers, from skilled professionals to investors and specialized laborers.
Categories of Employment-Based Visas
Employment-based visas are divided into five preference categories (EB-1 to EB-5):
- EB-1: For individuals with extraordinary abilities, outstanding professors, and multinational executives.
- EB-2: For professionals with advanced degrees or exceptional abilities.
- EB-3: For skilled workers, professionals, and other workers.
- EB-4: For special immigrants, including religious workers and U.S. government employees abroad.
- EB-5: For immigrant investors who invest a significant amount in U.S. businesses, creating jobs for U.S. workers.
How Do You Apply for an Employment-Based Visa?
The application process for an employment-based visa typically begins with the U.S. employer filing a Form I-140, Immigrant Petition for Alien Worker. For certain categories, such as EB-2 and EB-3, the employer may also need to obtain a PERM Labor Certification to demonstrate that no qualified U.S. workers are available for the position.
Once the petition is approved, if a visa is available, the applicant can apply for an immigrant visa or, if they are already in the U.S., adjust their status to permanent residency with Form I-485.
What Are PERM Labor Certifications?
The PERM (Program Electronic Review Management) certification is required for many employment-based visas to prove that the employer made an effort to hire U.S. workers but could not find qualified individuals. The process involves advertising the job position, interviewing candidates, and showing that the foreign worker is not taking away opportunities from U.S. workers.
What Documents Are Needed for an Employment-Based Visa?
Applicants must provide a range of documents, including proof of job offers, qualifications (such as degrees or certificates), and any required labor certifications. Any documents not in English must be submitted with a certified translation to ensure accuracy and compliance with U.S. regulations.
Visa Availability and Priority Dates
Employment-based visas are subject to annual quotas, meaning there may be waiting periods depending on the category and country of origin. Priority dates, established when Form I-140 is filed, determine when a visa number becomes available. The Visa Bulletin, updated monthly by the Department of State, shows visa availability based on the applicant’s category and country.
Can Employment-Based Visa Processing Be Expedited?
In certain circumstances, the processing of an employment-based visa can be expedited using premium processing for an additional fee. This is available for certain categories and reduces the processing time of Form I-140 to 15 calendar days.
What Happens If My Employment-Based Visa Is Denied?
A visa denial could occur due to incomplete documentation, insufficient job qualifications, or lack of a valid labor certification. Applicants may be able to appeal or reapply after addressing the reasons for denial.
How Translations Certified Can Help?
Whether you’re applying for an EB visa or assisting your employees, Translations Certified provides certified translations of all required documents, ensuring they meet U.S. immigration standards. From degrees and employment contracts to business documents, our services help you avoid delays and ensure a smooth application process.
The information provided here is for general informational purposes only and is not intended to be legal advice. While we strive to ensure that the information is accurate and current, it is not a substitute for professional legal counsel. Please consult with a qualified attorney for advice regarding your specific situation or legal questions.