Employment Based Petitions
U.S. law provides employers several ways to bring foreign workers into the U.S. on a temporary or a permanent basis. Employment-based immigration visa categories generally have limited numerical caps.
Commonly Asked Questions
Temporary employment visas allow the hiring of foreign nationals to work in a specific job for a limited amount of time, and once in the U.S. they are restricted to the activity or reason for which their non-immigrant visa was granted. Depending on the visa classification, and in some cases, the nationality of the intended employee, the employer may be required to file a petition for a non-immigrant worker with USCIS. Once approved, the State Department determines whether the foreign worker meets the criteria for a non-immigrant visa.
A permanent employment visa allows foreign nationals to work and live lawfully and permanently in the United States. Lawful permanent residents are subject to fewer restrictions than temporary workers, and can generally apply for U.S. citizenship.
There are other options for employment visas that depend on the kind of work you enter the United States to do, or the kind of job that is offered. If you are planning on entering the United States to work, it is important that you seek legal advice to assure that the visa you apply for is the best suited for you, and gives you the most benefits.
Students and exchange visitors may also under some circumstances, be allowed to work in the United States,however, they must first obtain a work permit.
All categories of employment-based immigrant visas are issued in the chronological order in which the petitions were filed until the annual numerical limit for the category is reached.
Usually you will have to present a passport valid for at least six months beyond the date of entry into the United States. Be sure to keep good records of your financial support and any ownership interests.
A medical examination will be required for every applicant, and will be provided by a panel physician after you have completed your examination and vaccinations.