Know Your Status of Getting your Employment Visas

Published: 06th July 2011
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Employment based immigrant visa cases can consume a lot of time. But all your efforts would be worth once you’re issued with an immigration visa.

Every year many people immigrate to foreign nation in search of better opportunities. Around 140,000 employment-based immigrant visas are made available to eligible applicants under the provisions of U.S. immigration law, every fiscal year. However, the employment based immigrant visas are divided into five penchant categories.
In order to be considered for an immigration visa, the agent or prospective employer of the applicant must first obtain labor certification approval from the Department of Labor. This would be followed by filing an immigration petition or form I-40 with the USCIS (U.S. Citizenship and Immigration Services).
The five preference categories designed for Employment based immigrant visas include the following.
First Preference – They are given first preference for employment. They receive 28.6 percent of the yearly worldwide limit of employment-based immigrant. This category includes sub groups like person with extra ordinary abilities in fields related to education, business or athletics. Such persons can file their own Immigrant Petitions for Alien Worker, Form I-140, with the USCIS. The second among the priority workers are outstanding professors and researchers who come to the U.S to pursue tenure track teaching or do research at a University. In such a case the prospective employer files an Immigrant Petition for Alien Worker, Form I-140, with the USCIS. Last but not the least is the people who have been employed by the overseas affiliate, parent, subsidiary, or branch of the U.S. employer in a managerial or executive capacity.

Second Preference- Within this category there are two sub-categories which include Professionals holding an advanced degree with at least 5 yrs of experience in the relative field. Next are Persons with exceptional ability in science, arts or business i.e. degree of expertise significantly above the ordinary one. A Second Preference applicant must generally have a labor certification approved by the Department of Labor. The prospective U.S. employer must file an Immigrant Petition for Alien Worker, Form I-140, on behalf of the applicant.
Third Preference – This category comprises of 3 different sub-categories like skilled workers who require at least two years of work experience and training that are not temporary; professionals who should have a baccalaureate University degree and unskilled workers who doesn’t require two years of training or experience for filling up a position.
Fourth Preference – This category includes certain special immigrants. The applicants must be the beneficiary of an approved Petition for Amerasian, Widow(er), or Special Immigrant, Form I-360. They receive 7.1 percent of the yearly worldwide limit of employment-based immigrant visas and also do not require any labor certification.

Fifth Preference - These include immigrant investors who should have an investment capacity between $500,000 and $1,000,000 U.S. dollar in a business enterprise in the United States which in turn would creates at least 10 new full-time jobs for U.S. citizens, permanent residents, or other lawful immigrants excluding the investor or his/ her family members The applicant needs to file an Immigrant Petition by Alien Entrepreneur, Form I-526, with USCI. However, no labor certification is required.
Once the petition is approved by the USCIS, it is sent to NVC (National Visa Center) which will assign a case number. NVC will begin pre-processing the applicant’s case by providing the applicant with instructions to submit the appropriate fees. This will be followed by submission of appropriate immigrant visa documents, civil documents and more. For more please visit http://http://www.virtualimmigrationoffice.com/

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