An employment-based immigrant visa allows United States employers to sponsor for lawful permanent residence in the United States foreign nationals who have the skills, ideas, knowledge, and talents needed in the United States.
Employment-based immigrant classifications fall within the preference system under the Immigration and Nationality Act which sets annual numerical and per-country limits for most family-sponsored and employment-based immigrant visa classifications.
Determining Your Eligibility
First, you will need to provide documentation or other evidence showing that you fall within one of four eligible worker categories.
Eligible Worker Categories:
- EB-1 (Priority workers)
- EB-2 (Professionals with advanced degrees/Persons with exceptional ability)
- EB-3 (Skilled or professional workers)
- EB-4 (Special immigrants)
Procedure to Apply for Employment-Based Immigration
- Foreign nationals and employers must determine if the foreign national is eligible for lawful permanent residency under one of USCIS’ paths to lawful permanent residency.
- Most employment categories require that the U.S. employer complete a labor certification request (Form ETA 9089) for the applicant, and submit it to the Department of Labor’s Employment and Training Administration. Labor must either grant or deny the certification request. Qualified alien physicians who will practice medicine in an area of the United States which has been certified as underserved by the U.S. Department of Health and Human Services are relieved from this requirement.
- USCIS must approve an immigrant visa petition, Form I-140, Petition for Alien Worker, for the person wishing to immigrate to the United States. The employer wishing to bring the applicant to the United States to work permanently files this petition. However, if a Department of Labor certification is needed the application can only be filed after the certification is granted. The employer acts as the sponsor (or petitioner) for the applicant (or beneficiary) who wants to live and work on a permanent basis in the United States.
- The State Department must give the applicant an immigrant visa number, even if the applicant is already in the United States. When the applicant receives an immigrant visa number, it means that an immigrant visa has been assigned to the applicant. You can check the status of a visa number in the Department of State’s Visa Bulletin.
- If the applicant is already in the United States, he or she must apply to adjust to permanent resident status after a visa number becomes available. If the applicant is outside the United States when an immigrant visa number becomes available, he or she will be notified and must complete the process at his or her local U.S. consulate office.