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A Complete Guide to Employment-Based Immigration to the United States

Are you interested in coming to the United States to work? If so, you will need to go through the employment-based immigration process. Our Washington D.C. immigration team provides a comprehensive guide on everything you need to know about the process. We will discuss what employment-based immigration is, the different categories of work visas, the documents required for the application, the steps of the application process, and the fees associated.

What is Employment-Based Immigration?

Employment-based immigration is a process that allows foreign nationals to come to the United States to work in certain occupations. There are five categories of employment-based visas:

  • priority workers,
  • professionals with advanced degrees or exceptional ability,
  • skilled workers,
  • other workers, and
  • religious workers.

Each category has its own requirements that must be met for an individual to be eligible for a visa. It is highly recommended to seek the assistance of an experienced immigration lawyer to advise you on which category you would qualify under.

Documents You Will Need for a Work Visa

When applying for a U.S work visa, the specific forms you will need depend on which category you are applying under. Generally, you will need to submit the following documents:

  • A completed visa application form
  • A petition for a nonimmigrant worker
  • A labor certification (if required)
  • A medical examination report
  • Your passport
  • Two photographs of yourself
  • Evidence of your ability to pay for your trip to the United States (such as a bank statement or letter from your employer)

Immigration paperwork can be confusing, so it is essential to have an experienced immigration lawyer to help you with the process. An immigration lawyer will be able to help you complete the paperwork. It is important to ensure no mistakes are made while filling out the paperwork since this can delay the process.

The Steps of the Employment-Based Immigration Application Process

There are four steps in the employment-based immigration application process:

  1. The employer must file a petition with the United States Citizenship and Immigration Services (USCIS).
  2. The USCIS will review the petition and determine if the foreign national is eligible for an employment-based visa.
  3. If the foreign national is found to be eligible, they will need to complete a medical examination and obtain a visa from a U.S. consulate or embassy.
  4. Once the foreign national has their visa, they can enter the United States and begin working.

The Fees Associated with Work Visa Application

Additionally, to the fees your prospective employer will incur, you will be responsible for several fees. As of 2022, these fees include:

  • The biometric services fee ($85)
  • The visa application fee ($190)
  • The visa issuance fee ($100)

How Long Does the Employment-Based Immigration Process Take?

The employment-based immigration process can take anywhere from a few months to a year or more. It depends on the category of visa you are applying for and how long it takes for the USCIS to process your petition. If you apply for one of the priority worker categories, your application will generally be processed quicker. However, if you are applying for a skilled worker or another worker category, it may take longer.

Path to Citizenship

Many U.S work visa holders are eligible to apply for a green card. If you are granted a green card, you will be able to live and work permanently in the United States. You may also be eligible to apply for U.S. citizenship after five years. It is vital to seek professional legal guidance when applying for a green card or U.S. citizenship to ensure you meet all the requirements.

An employment-based immigration lawyer can help you navigate the process and ensure you are on the path to citizenship.

Law Group International Is Here To Help!

If you are interested in applying for a U.S work visa, Law Group International can help! We have a team of experienced immigration attorneys who can guide you through the process and ensure that your application is complete and accurate. Contact our team today to get started on your application.

Contact us today through our online contact form or give us a call at (703) 546-9300 today!