What Kinds of Jobs Fall Under Employment-Based Visas?

 Posted on November 15, 2019 in Immigration

The opportunity to work in the United States is a dream for many people all over the world. In some cases, qualified workers wish to share their knowledge and experience with American employers. The United States immigration system allows for some immigrants to enter the country on a work visa. An employment-based visa can be an ideal way to obtaining a Green Card and eventually permanent residence status. Not only does it take significantly less time than family-based immigration, but employers willing to sponsor foreign nationals have access to resources that can help pave the way for a successful immigration application. These employment-based visas can be for individuals who work in a variety of fields or industries. The application process can be intimidating, so it is important to seek professional legal counsel to ensure you are completing the necessary paperwork.

Different Categories of Work Visas

Every fiscal year, approximately 140,000 employment-based immigrant visas are available to qualified applicants under U.S. immigration law. Employment-based immigrant visas are separated into five “preference” categories. The employment preference categories typically classify jobs by the level of education necessary to perform the job. Below are the different types of categories:

• Employment Preference (E1): Person with extraordinary abilities (artists, athletes, professors, executives, scientists, Nobel Prize winners)
• Employment Preference (E2): Persons with advanced degrees (accountants, civil, chemical and computer engineers, investment managers, business analysts, and chemists)
• Employment Preference (E3): Skilled workers with two years of training or professional experience or a Bachelor’s degree or unskilled workers who have less than two years of experience or who are in non-seasonal jobs
• Employment Preference (E4): Missionaries, broadcasters, former NATO, Panama Canal workers, Iraqi and Afghan translators, certain retired NATO-6 civilians and their families, some foreign medical graduates, certain retired international organization employees
• Employment Preference (E5): Foreign investors in commercial enterprises that will create new jobs in the United States

Based on an approved petition, an applicant’s spouse and any unmarried minor children (under 21), may also apply for immigrant visas. They must also fill out required application forms, obtain necessary civil documents, pay the fees, and provide proof of medical examinations.

Employer Qualifications

For a company to sponsor a foreign national, the employer typically must meet several requirements, such as the following:

• The employer must be located in the United States.
• The job offer must be for a permanent, full-time position.
• The employer must have U.S. Department of Labor certification that no qualified American workers are available to fill the position.
• The employee must meet the educational and/or vocational requirements of the job.

To initiate the employment-based visa process, the employer must file a Form I-140 Petition for Alien Worker with the U.S. Citizenship and Immigration Services (USCIS). These applications can be complicated and are limited to a certain number of people. Therefore, it is important to consult with an experienced immigration attorney to ensure your employment-based adjustment status is processed in a timely and efficient manner.

Contact an Illinois Immigration Attorney

There are several different ways a foreign national can enter the United States. If you or someone you love is hoping to live and work in the United States on a work visa, it is imperative that you understand the correct legal steps to take. That is why you need to discuss your case with a knowledgeable Illinois immigration attorney at the Mevorah & Giglio Law Offices. We have extensive experience in handling many types of immigration cases. Call our office today at 630-932-9100 to schedule a complimentary initial consultation.