A significant portion of the workforce in the United States is made up of foreigners. While the biggest State: California alone has the most foreign labor in the country, numbering in the millions. You require employment authorization in the form of an employment-based visa if you want to work in one of the world’s top economies. You need a legal status to work in the USA whether you are an individual employee or an employer trying to increase your staff. You might even be eligible for employment immigration if you have the necessary skills, qualifications, and work experience. You can join the US labor force with the aid of the employment immigration attorney as it cannot be done without expert help. Get in touch with attorneys who can respond to all of your inquiries about immigration, outline the visa application procedure, and support you in advancing your career while handling all the technical facets of your application.
What Things Should You Take Into Account When Applying For An Employment-Based Visa?
Immigration rules for the USA are based on job. The US government rejects all employment-related immigration permits, which has a negative impact on the employment of Americans, both citizens and authorized permanent residents. To qualify for employment in the United States of America, a number of variables must be taken into consideration. These are what they are:
Actual compensation and standard wages
It is a condition of all employment visas that foreign workers get either the “prevailing wage” or the “real wage,” whichever is higher. An immigration and employment lawyer might attest to this. This is done to stop companies from mistreating foreign labor.
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There are employment-based visas available
According to studies, professional level occupations in America—or, to be more specific, white collar jobs—primarily demand skilled personnel. Non-professional jobs can find enough of American workers, therefore odd tasks don’t require hiring foreign labor. An employment-based immigration attorney can inform you if obtaining a work visa is feasible in your case.
How Do I Submit An Immigration Application Based On My Job?
If you wish to work in the United States Of America, you might need either a temporary work visa or an immigration program based on your employment. When applying for an immigrant visa based on employment, it will depend on your employment status whether you are considered to be a permanent resident of the USA. But getting a work visa in the States is not easy, and you will need the help of an employment and immigration lawyer to get through the procedure. To submit an application for this kind of visa, follow the steps below:
- If you wish to apply for an employment immigration visa, your employment immigration lawyer must ascertain whether you satisfy United States Citizenship and Immigration Services’ standards.
- Occasionally, the Department of Labor’s Employment and Training Administration will ask the employer to submit the labor certification request as Form ETA-750. The form is subsequently sent for extra processing by the employment immigration attorney.
- Your employer submits a Form I-140 for immigration at the USCIS processing facility on your behalf after getting the Labor Certificate.
- After the authorities check all the information and confirm that it is accurate, they award approval and an Immigrant Visa Number to the applicant.
What Are The Different Visa Categories For Employment-Based Immigrants?
There are several different categories for immigration based on job. Which type is best for your situation can be determined with help from an expert in immigration and employment law. The following groups of immigration visas are employment-based:
Extraordinary Ability (EB-1) One’s “First Preference”
In terms of employment-based immigration, the US State Department distinguishes three groups: those with extraordinary ability, who have attained a high level of acclaim and recognition in their fields; outstanding professors and researchers who are pursuing tenure; and executives or managers employed by multinational U.S. corporations.
Extraordinary Ability is the “Second Preference” under EB-2.
The EB-2 visa is known as the “second priority” under US immigration rules. Professionals with advanced degrees (above and beyond a baccalaureate degree), or, in rarer circumstances, people with only a baccalaureate degree and relevant work experience, fall into one of two categories for the EB-2 visa: (1) those with “extraordinary aptitude” in the arts, sciences, or business, as demonstrated by the evidence.
The employment-based “third preference” code is EB-3.
Accessible to professionals, skilled persons (other occupations), and unskilled labour. You must have both a labor certification and a long-term, full-time job offer in order to be eligible.
The employment-based “fourth preference” code is EB-4.
Available to “special immigrants,” including clergy, juvenile special immigrants, broadcasters, military personnel, Panama Canal Zone employees, particular doctors, Afghan and Iraqi translators, and nationals of those countries who have performed religious services in support of American operations.
Immigrant investors are given “Fifth Preference” under EB-5.
The development of new jobs is the foundation of the EB-5 Immigrant Investor Program. A green card is available to company owners and their families provided they satisfy two criteria, according to US Citizenship and Immigration Services: (1) May make an investment in a US commercial enterprise (2) May keep or add 10 American employees.
Experts Can Can Aid In Your Immigration Preparation
Many individuals with exceptional talent, experience, or resources view moving to the United States as the logical next step in their professional development. To accomplish this, one must be fluent in the complex procedural guidelines governing immigration to the US. The employment-based immigration lawyers can help you with this, just like they have done for so many other immigrants to the United States. An experienced US based employment immigration lawyer is always on hand to help you. Therefore, get in touch with the team of experts who know their work in a perfect manner.
