Employment-based immigration is a system of immigration that allows foreign citizens to enter the United States for work purposes. To secure this immigration type, potential immigrants must first obtain a work visa, or EB-3, as it is officially called. The EB-3 will allow you to reside in the United States for as long as it is valid. This article will explain the concept of employment-based immigration while highlighting the essential things to know about this immigration option.
Types of Employment-Based Immigration
There are two types of employment-based visas: temporary and permanent. The temporary work visa allows foreigners to work or perform special tasks for US-based employers for a limited time. After such time expires, the immigrant is expected to leave the United States and return to their country.
The permanent employment-based visa, on the other hand, allows foreigners to live and work in the US permanently. Also known as lawful permanent residency (LPR), this visa type offers much more benefits to immigrants. Firstly, holders qualify for all jobs, and they can be allowed to stay even when they are temporarily unemployed.
Things to Know About Employment-Based Visas
Employment-based immigration is one of the more popular immigration types in the United States. According to the United States Citizenship and Immigration Service, about 40,000 work visas are issued each year. But then, if you’re planning on applying for an EB-3 visa, you might want to get acquainted with the entire process. That said, here are five things to know about employment-based immigration.
- Employment-Based Immigration is NOT the Most Difficult to Secure: Well, there’s a reason why EB-3 visas are a popular choice among immigrants, and it is because they are easier to process. This is because they are third-preference visas, which means they are not as strict as EB-1 and EB-2 visas.
- Employment-Based Visas are Not Free: Now, here’s a no-brainer because there are no free visas. So, except for scarce scenarios, you’ll be required to pay for your visa. The breakdown of the fees includes petition filing fees, processing fees, and other miscellaneous payments.
- Processing Time For Employment-Based Visas: The processing time for employment-based visas may vary depending on several factors. For example, your home country, the USCIS branch, and personal errors are some factors that decide the processing time. But on average, it can take between 4 and 16 months for your visa to be ready.
- EB-3 Visa Application Forms: Also note that you’d be expected to submit several forms during the application process. For example, Form I-140 is the petition form, which the employer submits. There’s also the DS-261, which is an online form filled out and submitted by the visa beneficiary.
- Employment-based Visas Can be Denied: Just because employment-based immigration is the least difficult immigration option does not guarantee 100% success. Even though it is less frequent, work visas can be denied mainly because the requirements still need to be met.
Basic Requirements For Employment-Based Visas
To get your work visa approved, you must be qualified or meet the requirements at the very least. Here are the basic requirements for an employment-based visa.
- ·A Valid Employment Offer: For a potential immigrant to apply for a work-based visa, a US-based employer must be willing to sponsor their move. But that’s not all. The employer must also extend a valid employment offer for the immigrant to become eligible for this option.
- ·Meet Employment Criteria: Of course, employment-based immigration is available for both skilled and unskilled workers. But for an employment offer to be considered valid, the potential employee must meet the criteria.
- ·Special Offer: Finally, the employment offer must be unique in the sense that no American citizen is qualified or available to do it. This criteria is aimed at protecting employment and reducing unemployment for US citizens.
Employment-Based Immigration processing
Now, the fact that employment-based immigration is among the easiest to obtain also doesn’t eliminate the due process. Therefore, if you are looking to secure this immigration option, you must be familiar with the application process that includes;
- ·Labor Certification: The first step in the work-based visa application is obtaining a labor certification. This process is done by the US-based employer at the Department of Labor. Its significance is to prove that no US citizen is either qualified or available to do the job.
- ·Submit: Next, the employer will submit a petition with the USCIS on the beneficiary’s behalf. This petition should contain basic information about the beneficiary, the employer, and the employment details.
- ·Online Registration: After the petition is approved, the beneficiary will be required to fill out an online form titled DS-261. The form basically contains information about the beneficiary, their country, and consent to the process.
- ·Medicals: The beneficiary is required to take a compulsory medical examination to ensure they are fit for the job and safe to enter the United States.
- ·Documentation: After online registration is approved, the beneficiary may move on to the documentation phase. This is where they are required to submit all the necessary documents, including the approved labor certification, petition, and registration form. Job contracts, medical records, criminal records, and your international passport are also expected to be attached to the documents.
- ·Take the Visa Interview: This is the final step, following the application and documentation. It requires the beneficiary to undergo a face-to-face interview with a consulate to determine whether they are qualified for a US work visa.
The Coleman Law Group Can Help You
The employment-based immigration process may sound straightforward enough, but it can also get complicated quickly. Moreover, the fact that one mistake can jeopardize your immigration can add to the pressure involved. This is why you’ll want an experienced immigration lawyer by your side, and the Coleman Law Group is your best option. Our services are tailored to suit your immigration needs, and our lawyers are able and willing to help you to a successful immigration.
