The rules and regulations regarding non-US citizens living in the US are complicated, but the laws regarding obtaining an immigrant visa (permanent residence) based on employment are especially complex. In this blog entry, we’re going to break down the basics.
Work visas require that the employer first file a petition. Only after the petition has been approved is it possible to apply for the work visa.
Approximately 140,000 work-based visas are made available annually. There are five broad categories of eligibility.
1. First preference: This category is for executives and managers with multinational firms, people with extraordinary ability, and professors and researchers. Twenty-eight percent of annual work visas are in this category.
People with extraordinary abilities are the exception to the rule that employers must file a petition on the worker’s behalf: people with extraordinary abilities may file petitions on their own behalf. Such people must be able to document a history of national or international acclaim.
2. Second preference: This category is for persons with exceptional ability, persons with advanced degrees or persons whose work is in the national interest of the US. This category accounts for another twenty-eight percent of annual work visas.
3. Third preference: skilled workers, professionals, and unskilled workers. Another twenty-eight percent of annual work visas are in this category. Professionals hold jobs that require a degree. Skilled workers have jobs that require at least two years of training or experience. Unskilled workers work in jobs that require less than two years of training or experience.
4. Fourth preference: special categories. This includes ministers,religious workers, broadcasters. This is a tiny category, accounting for just seven percent of the total.
5. The fifth preference is for people who make a large investment into new commercial ventures. In most cases, the minimum investment made into the venture is $1,000,000 and the investment will create 10 full time job. Investments of $500,000 also qualify under certain circumstances.
Now let’s talk about the process.
An immigrant visa petition must be filed with USCIS to start the procedure. After being approved, it is sent to the National Visa Center, where it’s assigned a case number. When it’s time for the visa to be processed, the applicant needs to pay the appropriate fees and submit the appropriate documents.
Immigrant visas are issued in chronological order in each category until the limit for the category for the year is reached. In some categories this may translate into a wait of several years.
Once the NVC finishes processing the file, they schedule an interview for the applicant at an embassy or consulate. The applicant needs to have a medical exam before the interview. At the interview it will be determined whether or not the applicant is eligible for an immigrant visa.
Once the immigrant visa is issued, the applicant receives a sealed packet containing his or her documents. The packet needs to stay sealed; it’s to be opened by the immigration official when the applicant arrives in the US. The applicant should arrive in the US before the visa expiration date.
As you can see, this process is highly complex, and if you or a loved one are seeking to immigrate into the US, we highly recommend that you seek legal assistance from an immigration attorney. Please contact us today if you’d like to learn more!
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