inner page header image

understanding the process for obtaining a work visa

PERMANENT vs. TEMPORARY

To understand the process for how to get a visa for USA, one must first recognize the difference between a temporary and long term work visa. The requirements for these two types of visas are dramatically different.

TYPES OF PERMANENT WORKER VISAS

If you are looking to get a work visa for USA employment, there are a number of types of permanent worker visas. These via types, however, are given different preferences in processing. The first preference is for EB-1 visas, which is for personals of extraordinary ability in a number of designated fields. The second preference is for EB-2 visas for persons in professions holding advanced degrees or for those with exceptional ability in arts, sciences, or business. The third preference is for EB-3 visas, which is for professionals, skilled workers, and other designated workers. The fourth preference is for EB-4 visas, which is for “special immigrants”, which include religious workers, etc. and fifth preference is for EB-5 visas which is for certain types of business investors. The EB-2 and EB-3 categories require labor certification. The EB-2 category visa, however, has the option of the application getting a national interest waiver if they qualify.   As the EB-2 and EB-3 category visas are broader with regard to acceptable applicants, this article will focus more on them.

LABOR CERTIFICATION

This section will not discuss those situations where a national interest waiver may obviate the need for labor certification. Notwithstanding those, for EB-2 and EB-3 visas, labor certifications are required. What does this mean?

For starters, the applicant will need a job offer from an employer in the United States prior to commencing the visa process.   The employer, however, has the burden of showing that they interviewed U.S. citizens and legal permanent residents and that there was no one else equally qualified fitting those categories that can fill the position. Qualified U.S. citizens and/or legal permanent residents must be offered the position first.

Subsequent a qualifying job offer, the applicant will need to be sponsored by a United States employer.

There is a requirement however, that precedes the ones detailed above. Permanent worker visas are not for everyone. To state it rather broadly, they are generally for those in higher skilled positions, such as the STEM (science, technology engineering, math) fields and typically require at least a bachelor’s degree.

FOR HIGHER SKILLED WORKERS

Those in more seasonal, manual, and/or agricultural jobs looking to work in the U.S. would generally be limited to seeking temporary work visas, barring other qualifying criteria.

Due to the strict guidelines for obtaining permanent worker visas, it behooves applicants to utilize the services of experienced, knowledgeable immigration counsel. For more information on how to get a visa for USA, contact the experts at Katz Law Ltd. today for a free consultation.

Applicable Source: https://www.uscis.gov/working-united-states/permanent-workers

Practice Areas