Published on October 4th, 2021 | by admin0
Qualifications for Employment-Based Visas
Every year, the number of employment-based visa applicants continues to increase. People come from all over the world to get an employment-based visa. Some visas are only for people who are really good. They include EB1 and EB5 visas. These are for immigrants with extraordinary abilities in certain fields, outstanding professors and researchers, multinational managers and executives.
There are five preference categories for employment-based visas in the US. These differ depending on the nature of the job, as well as who can join the immigrants with their visas. Learn more about them below.
You will need to know which category you fit into. A petitioner who is filing employment-based visa petitions must have an approved, valid petition for each employment-based immigrant they are applying to immigrate.
- E1 or Priority Worker and Persons of Extraordinary Ability
- E2 or Professionals Holding Advanced Degrees and Persons of Exceptional Ability
- E3 or Skilled Workers, Professionals, and Unskilled Workers (Other Workers)
- E4 or Certain Special Immigrants
- E5 or Immigrant Investors
These are the 5 categories that you need to choose from. For E1, you are eligible if you are an E-1 treaty trader, the principal business person, or one of the top executives of a company in your home country. You also have to prove that you’re doing trade with the US.
For E2, you have to be a professional holding an advanced degree from the US or your home country, or you have exceptional ability in science, art, education, the business of athletics.
For E3, you are a skilled worker only if the job is at a level 0-2 on the US Department of Labor’s Skilled Occupation List.
For E4, you are eligible if you are a beneficiary of the following: Special Immigrant, Petition for Amerasian, or Widow(er).
And for E5, you are only eligible if you make at least $500,000 or invest $1 million in an employment-generating enterprise. You must also create full employment for ten US workers.
What do you need to get your employment-based visa? First, you need to pass the requirements of your employment type. For example, if you are applying for an EB2 visa, you need to prove that you have extraordinary abilities in science, arts or business. You also must be able to prove that your employment will benefit America.
You will also need to have a labor certification approval from the Department of Labor. This comes from your U.S. employer who wants to hire you. Your employer will need to prove that you are the most suited for the job and the company needs your expertise the most.
In all employment categories, you need a job offer from a U.S. employer in your profession or occupation. This needs to include details about your employment contract. Your employer should prepare this before filing an employment-based immigrant petition on your behalf.
Salary information is also needed in the statement. When all important details are added, you can now apply for your employment-based visa processing to begin. The employment-based visa application process can be complicated for some. You need to have a very good relationship with your employer if you want this to go on smoothly.
For more information, you may ask or consult with Houston immigration lawyers.