The United States welcomes professionals, entrepreneurs, researchers, and talented workers. There are various channels into the U.S. immigration system, and they are open to individuals intending to work and stay in America either long-term or temporarily. The most structured and widely used is the employment-based immigration visa.
Regardless of whether you are a qualified professional, an investor, an executive, or an individual with extraordinary talent, knowing the visa options at your disposal is the key to developing a successful career in the U.S. This comprehensive guide describes the types of visas based on employment, their eligibility, validity, and application procedures.
It also illuminates the reasons why you should hire an employment-based immigration lawyer to increase the chances of winning by a significant margin.
Importance of Immigration by Employment in the USA
The United States separates immigration based on employment into temporary (non-immigrant) and permanent (immigrant) visas. It allows one to work temporarily in the U.S. with temporary visas, and permanent visas and gives a Green Card and permanent residence.
The principal non-immigrant visas discussed in this guide are: H-1B, L-1, and O-1, which are temporary visas but may lead to permanent residence. Nonetheless, the EB-5 Visa provides a straight avenue to a green card for qualified investors.
The Worth of Immigration on Employment
Employment-related immigration leads to increased innovation and productivity and ensures that U.S. firms are competitive. Good employees bring technology, medicine, engineering, finance, and research.
Investors introduce capital, generate employment, and drive the local economies. Employment-based visas also provide an opportunity for many immigrants for:
- Career development in the long term.
- Higher earning potential
- Availability of high-quality research and technology
Temporary Visa Categories-Employment-Based
The most suitable option is the temporary work visa, which allows one to stay and work in the USA for a predetermined period of time. The four demanded visas possess good track records.
1. H-1B Visa – Specialty Occupations and Highly Skilled
Among the most sought-after employment visas is the H-1B Visa, which is created to meet the needs of foreign professionals in special occupations. They generally require a high level of knowledge, technical expertise, and a bachelor’s degree or equivalent.
What defines a specialty occupation?
Specialty occupation refers to a position that demands a bachelor’s degree in a subject. Technology, engineering, healthcare, finance, research, and education are some of the common areas that are highly reliant on the H-1B employees.
Eligibility Requirements
- B.S. or higher degree in a related discipline.
- A valid job in the USA.
- A profession that is a specialty.
- The readiness of the employer to sponsor the visa.
Employers need to provide a Labor Condition Application (LCA) to confirm that the hiring of a foreign worker does not negatively affect the wages and working conditions of American employees.
The H-1B Cap and Lottery System
It has a rigid annual limit, and the H-1B visa is highly competitive:
- General applicant visas 65,000.
- Another 20,000 advanced degree holders’ visas for U.S. institutions.
The demand is much higher than the supply annually, and a lottery selection process is used during registration. Yet, there are exceptions to the cap, such as universities, nonprofit research institutes, and government research institutions.
Duration of H-1B Visa and Extensions
The first validity is for three years, extended to six years. In some situations, H-1 B visa holders are provided with extra extensions for green card processing.
Benefits of the H-1B Visa
- Prospect of employment by major American institutions.
- Right to work and have a green card application.
- Dependents (H-4 visa holders) can travel with the applicant, and in certain instances, the H-4 spouses gain work permits.
- The H-1B visa is a very viable opportunity, as it offers the benefit of long-term employment in the U.S. to the skilled professional.
2. L-1 Visa: Intra-Company Transfer
The L-1 Visa is a program designed to help multinational corporations with existing employees in their foreign offices transfer some of them to their U.S. head office. This visa facilitates executives, managers, and employees who have special knowledge.
Types of L-1 Visas
These are in two major groups:
- L-1A Visa- Managers and executives.
- L-1B Visa—Visa for employees with specialized knowledge.
L-1A holders find it easy to get permanent residency due to their good leadership qualities.
Eligibility Requirements:
The applicant ought to:
- Must have one continuous year of employment within the past three years in a foreign country.
- Be a manager/executive or a specialist.
- Be relocating to an American branch, subsidiary, affiliate, or parent company.
- Companies should demonstrate the connection between the foreign and U.S. organizations by using appropriate documents.
L-1 Visa Duration
- L-1A Visa: Up to 7 years
- L-1B Visa: Up to 5 years
The preliminary approvals are typically 1-3 years with extensions.
Blanket L Petitions
L-1 Blanket Approval is requested by large multinational firms, which allows transferring many employees in a shorter time. This renders the L-1 visa particularly attractive to international firms.
Advantages of the L-1 Visa
- No yearly limit or lottery.
- Rapid processing with premium options.
- A straight shot to an EB-1C green card for L-1A executives and managers.
- There is no limit on work authorization of dependents (L-2 visa holders).
3. O-1 Visa: Individuals With Extraordinary Abilities
O-1 visa is a much-desired type of employment-based immigration visa given to those who have succeeded in showing extraordinary talent in different areas, including science, arts, education, business, sports, film, and television. It suits professionals who gained fame in their profession.
Eligibility Requirements
The employee should demonstrate their amazing potential, like:
- National or international awards.
- Wrote articles or made a big contribution in their discipline.
- Belonging to associations that demand excellent performance.
- High positions in renowned institutions.
- Good pay relative to others.
Application Process
Form I-129 is submitted by an employer or an agent together with documentation that demonstrates the extraordinary achievements of the applicant. The application is reinforced by the letters of recommendation prepared by experts in the field. There are different processing times, but there is also premium processing.
Validity and Benefits
The O-1 visa is provided for up to three years and is renewed in one-year intervals. O-3 visas permit the dependents to travel with the applicant. In contrast to most other categories, the O-1 visa does not have an annual limitation; therefore, it allows an applicant to apply throughout the year.
4. EB-5 Visa—Investor Visa for Visitors to Create Jobs in the United States
The EB-5 Immigrant Investor Program is a direct way of getting a U.S. Green Card. It targets investors with the capability to inject funds into the U.S. economy and generate employment.
Minimum Investment Requirements:
Applicants are required to make investments in new commercial businesses with the following amounts:
- Standard investments with a cost of $1.05 million.
- Investments in Targeted Employment Areas (TEAs) (rural areas or high-unemployment areas): 800,000.
- One can invest directly in a business or in government-approved EB-5 Regional Centers.
Job Creation Requirement
Individual investors are required to establish or maintain at least 10 full-time positions for U.S. workers over a period of time. Investors find it easier to comply with job creation because regional centers help in passive investments.
Application Process
The EB-5 application commences with the filing of Form I-526E, which proves the origin of the investment funds and the legitimacy of the business venture. Upon approval, the applicants are engaged in adjustment of status or consular processing. After satisfying job creation prerequisites, investors submit Form I-829 to seek the removal of conditions.
Validity and Benefits
The EB-5 visa offers a chance to obtain permanent residence to the investor, spouse, and children not married and less than 21 years of age. It doesn’t require employer sponsorship, making it one of the most flexible immigration visa alternatives for employment.
Green Cards: Permanent Employment Visa Categories
The U.S. immigration law issues a high number of green cards every year that are granted for permanent immigration-based employment. Here are the five main categories:
1. EB-1 Visa – Priority Workers
The EB-1 visa is provided to applicants holding outstanding qualifications and skills. It includes:
- Individual with amazing ability (EB – 1A)
- Excellent professors and scholars (EB-1B).
- Multinational managers and executives (EB-1C).
This category has shorter processing times and may not necessarily need employer sponsorship, particularly with EB-1A.
2. EB-2 visa—Advanced Degree Professionals or Exceptional Ability
The EB-2 category of visas is supposed to accommodate the bearers of their advanced degrees (master’s or above) or those who have exceptional ability in the arts, business, or sciences. Employers sponsor it through the PERM labor certification process.
3. EB-3 Visa Application for Professionals, Skilled Workers, and Other Workers
The most frequently used employment immigration visa is the EB-3 visa. It includes:
- Experience with two years among professionals.
- The applicant should have a bachelor’s degree.
- Non-temporal labor involved unskilled laborers.
Despite the longer waiting periods as a rule, the EB-3 is an option for many applicants in most industries.
4. EB-4 Visa – Special Immigrants
The EB-4 visa is granted to special workers like religious employees, Afghan or Irani translators and broadcasters and working for global companies. This category is very specialized with distinctive eligibility standards.
5. EB-5 Visa – Investors in Permanent Residency
The EB-5 visa offers permanent residency as well. When applicants are successful, they are offered conditional green cards, which are converted to permanent after satisfying investment and job-creation criteria.
The Important Visa Employment Process
The precise mechanism, depending on the visa type, is different, but there are a few general steps.
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Employer Sponsorship and Job Offer
The vast majority of job-related immigration visas involve an authentic job proposal by an employer in the United States. The employer should support the necessity of a foreign worker and adhere to the U.S. labor legislation.
2. Labor Certification (PERM Process)
In the majority of EB-2 and EB-3 green card classifications, employers are required to secure labor certification by employing the PERM process. This ensures that the employment of a foreign worker will not adversely impact U.S. workers in comparable positions.
3. Petition Filing
The employer fills out Form I-129, which is needed for a temporary visa, and Form I-140 for a permanent visa. The application contains qualifications, job descriptions, and records that prove applicant eligibility.
4. Visa Application and Consular Processing
After the petition is granted, the applicant requests the visa at a U.S. consulate or adjusts status in the U.S. for permission and immigration into the United States. Upon being approved, they can enter the U.S., start working, and seek alternatives to visa status or permanent residency.
Challenges of Employment-Based Immigration
The immigration process through employment is long and usually complicated. Some of the challenges that applicants face are documentation requirements, a backlog of visas, and legal restrictions.
i. Visa Backlogs
India and China have a high demand for EB-2 and EB-3 categories, and consequently, their green cards take a long time to be granted.
ii. Compliance
Employers who are sponsoring have to comply strictly with the compliance requirements, such as keeping records, carrying out hiring procedures, and complying with the wage provisions.
iii. Risk of Denial
Lack of full evidence, differences in job descriptions, or lack of adequate financial capability of the employer can lead to the rejection of petitions.
A Reason to Hire an Employment-Based Immigration Attorney
Navigating through the process of U.S. immigration is a tedious task without professional assistance. Hence, an employment-based immigration lawyer assists in different ways:
- Accurate Visa Selection
The selection of the appropriate category has a major influence on the chances of approval. A lawyer assesses your profile, employer demands, and long-term objectives and advises you accordingly.
- Document Preparation and Compliance
Visa applications demand a lot of paperwork and supporting documents such as reference letters, job descriptions, credentials, and legal evidence.
- Elude Expensive Mistakes
Any missing documents or minor mistakes lead to a delay. Legal advice assists in avoiding such errors.
- PERM and Green Card Program Assistance
The stages of recruitment, scheduling, and documentation characterize the PERM. Attorneys assist employers in being compliant and provide error-free applications.
- Long-term Immigration Strategic Planning
The decision to move from an H-1B to a green card or change from temporary to permanent residency is a transition that is always best planned by an expert.
Conclusion
Obtaining an immigration visa based on employment is one of the most important milestones for people to expand their careers in the United States. The U.S. immigration system provides a wide range of options, with several types of visas depending on the professional experience of the immigrant and the level of extraordinary achievements and investment, such as the most skilled workers and executives, as well as extraordinary performers and investors. Nevertheless, it is a complex procedure, and with the help of the professional services of Coleman Law Group working on an employment basis, the applicants have a great opportunity to be guided on the matter and be approved with reduced risks and higher opportunities. Knowing who is eligible, preparing the documents, and choosing the appropriate type of visa, applicants can easily manage the immigration journey and become successful in the long-term United States.
