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FAQs and Articles
Frequently Asked Questions >>
Employment-Based Immigrant Visas
Employment-Based Immigrant Visas
What you need to do to apply for an employment-based visa is dependent on the job category. Higher preference is given to those employees with extraordinary skills and ability.
Certain applicants such as priority workers and investors can petition on their own behalf. All others must have a potential employer petition for them.
Step 1: LABOR CERTIFICATION
Members of the profession, professionals, skilled and unskilled workers must obtain labor certifications from the Department of Labor that there are no qualified workers available for the proposed employment in the U.S. Not all workers need a labor certification (Employment First Preference E1 Category are exempt from this step). Those workers who are required to have a labor certification must have prearranged employment in the United States.
Step 2: PETITION
Priority workers may petition on their own behalf with the INS, while others must have their prospective employers file the petitions. (Investors have a special petition form to file with the INS.)
Step 3: NOTIFICATION
Visa applicants will be notified by the State Department when the petition is received from the approving office. Visa applicants will receive further instructions at that time.
VISA INELIGIBILITY/WAIVER
The immigration laws of the United States, in order to protect the health, welfare, and security of the U.S., prohibit the issuance of a visa to certain applicants. Examples of applicants who must be refused visas are those who: have a communicable disease, or have a dangerous physical or mental disorder; have committed serious criminal acts; are terrorists, subversives, members of a totalitarian party, or former Nazi war criminals; have used illegal means to enter the U.S.; or are ineligible for citizenship. Some former exchange visitors must live abroad for two years. Physicians who intend to practice medicine must pass a qualifying exam before receiving immigrant visas. If found to be ineligible, the consular officer will advise the applicant of any waivers.
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