If you are an immigrant that is interested in entering the United States without a visa, the process to get this type of immigration visa can be a little confusing at times. We have put together some handy pointers on how to start the process here.
Below is an overview of some of the first steps that you should consider when dealing with employment-based immigration. Firstly you will need to engage in some research into the visa requirements. Then you will need to start gathering all of the documents that you require, and this includes the documents required by your employer.
The next thing that you will need to do when engaging in an employment-based immigration visa process is to get the services of a reputable workers’ visa lawyer. This can help you to make the correct decision at each step of the way with regard to your potential case. Do not worry about the cost of this, as most immigration attorneys charge a fee based on your individual circumstances. However, if you do employ a lawyer, then there are some things that you can do yourself as well.
What are the different employment-based preference categories?
There are actually a number of employment-based preference categories that you can apply for. They include an employment first preference category, an employment second preference category, and an employment third preference category. The first two categories are much easier to get than the third category, but it really depends on what the specific circumstances surrounding your case are.
The best time to apply for an employment-based immigration visa is while you still have your current job. If you are currently employed by a particular employer, then this will make applying for an immigrant visa much easier.
For instance, if you want to get a work visa as an athlete or athlete-manager, then it will often be better to stay with the original employer that you are with. Then if the first consideration is denied, then you can ask another employer to sponsor you. If you’re already in the United States and seeking to adjust your status to that of a permanent resident, you may consider filing Form I-485. If you work for a particular employer or apply for an immigrant visa as a professional sportsperson, then it is important to try and get sponsorship from another employer if possible.
Employment First Preference (E1): Priority Worker
If you are a priority worker, then you will be able to enter the United States without the need for a visa. This is because you are considered to be an integral part of your employer’s organizational structure, and they will help you out with any sponsorship if required. However, this usually suggests that you have a job offer from your employer within the United States. If you do not have a job offer, then it might be easier to apply for an immigrant visa from outside of the country. This is because you will just have to apply for the visa and wait for it to be approved. However, you will need to see if you qualify for a priority worker visa.
If you are a priority worker, then this means that you are an employer’s essential, who is not replaceable. This means that your employer needs you to complete the business operations. If a company is forced to stop operations for any reason, then the company will usually be required to find another employee who can fill your position. You cannot be hired on short-term contracts as this will reduce your chances of being considered a priority worker.
Employment Second Preference (E2): Professionals Holding Advanced Degrees and Persons of Exceptional Ability:
A professional holding an advanced degree, such as a medical or law degree, can apply for an E2 visa. You will need to gather a resume that lists all of your experiences and certificates showing your professional qualification. You will also need to provide some proof that you are indeed qualified for the role that you are applying for. He or she must also prove that he or she is employed in his or her field of study by submitting proof that he or she has not yet been granted a work permit. You will also need to show that you are able to speak and understand English or that you are in the process of learning it.
The requirements for an E2 visa can be extremely stringent, so it is important to get this right. For example, if you want to obtain an immigration visa as a professional holding an advanced degree, then you need to show that there are not enough American workers who are able to fill your position.
Employment Third Preference (E3): Skilled Workers, Professionals, and Unskilled Workers (Other Workers):
If you would like to obtain an E3 visa, then you will need to show that there are not enough American workers who are able to fill your position. However, with an E3 visa, you will be able to apply for permanent residence and, eventually, citizenship in the United States. To do this, you will need to see if your occupation meets the requirements of one of the categories. If it does, then you should start gathering all of the relevant documents that you require before meeting with an immigration attorney.
If you are invited by a company in the United States to work for them for a temporary period of time, then you could work with the United States Citizenship and Immigration Service (USCIS). You will need to show that you have at least five years of experience in your field. If you are a qualified worker or someone who has at least two years of experience in a skilled or semi-skilled occupation, then you may be able to apply for an immigrant visa.
Employment Fourth Preference (E4): Certain Special Immigrants:
If you are applying for an employment-based immigration visa as a special immigrant, then you need to qualify under the following categories, ministers of religion and other religious workers, accredited representatives of foreign governments and some international organizations, employees or former employees of the United Nations, international organizations and foreign governments in the United States, former employees of the US government abroad and their family members, foreign medical graduates who have completed a residency program in the United States and their family members.
Bottom Line:
It is important to remember that there are other reasons that can prevent you from qualifying under one of the categories. There may not be enough American workers who are able to fill your position. Or, your occupation may not be considered a skilled or semi-skilled occupation. You may also not qualify under an employment category. This means that you will need to see if you can qualify via one of the other categories.
It is important that you are able to collect all of the relevant documents and evidence before meeting with an immigration attorney. An immigration lawyer or attorney can help you with this process of getting your immigration visa approved.
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