You have many possibilities to obtain a permanent visa through work. For most cases you must have a job offer to apply, in either case you should have the correct background in terms of education, training and experience for the work you will do in USA. An employment-based permanent visa is issued to aliens who seek to immigrate based on their job skills. Every fiscal year approximately 140,000 employment-based immigrant visas are available for aliens, their spouses and children.
If you are enough skilled, educated, have work experience and are otherwise eligible, you may be able to live permanently in the United States.
For some visa categories, the employer must obtain an approved labor certification from the U.S. Department of Labor (DOL). Only after that the U.S. employer can submit an immigration petition to USCIS. This employer will be considered your sponsor. There are some things that have to be verified by the DOL labor certification. First, it should be proved that there are not enough able, willing and qualified U.S. workers who are willing to fill the position being offered at the prevailing wage, and secondly, that hiring foreign workers will not adversely affect the wages and working conditions of similarly employed U.S. workers.
Make sure you get to know all needed US Federal Tax Information. Employers should know that aliens employed in the U.S. may have a U.S. tax obligation.
There are several Permanent Worker Visa Preference Categories:
- Employment First Preference (E1) – Priority Workers, it is reserved for people of extraordinary ability in the sciences, arts, education, business or athletics.
- Employment Second Preference (E2), it is reserved for people with advanced degrees, exceptional ability in the arts, sciences, or business.
- Employment Third Preference (E3), it is reserved for professionals, skilled workers and unskilled workers.
- Employment Fourth Preference (E4) is reserved for special immigrants. Special immigrants are considered certain religious workers, employees of U.S. foreign service posts, retired employees of international organizations, alien minors who are wards of courts in the United States, and other classes of aliens.
- Employment Fifth Preference (E5) which is reserved for business investors who invest $1 million in a new commercial enterprise that employs at least 10 full-time U.S. workers, or $500,000 if the investment is made in a targeted employment area.
If you have questions concerning the application process for an employment-based permanent visa, come to Legal Bistro and find an immigration lawyer in your area to help you. This will save your time and money.