US employment visas: A guide
Suppose you own or operate a business in the United States or are a considering moving to the US for work. In either case, it’s essential to understand the laws under the Department of Labor, including those regulations from the Bureau of Consular Affairs, as they relate to employment-based immigration visas.
The applicant’s employer must first procure labor certification consent from the Department of Labor. Once obtained (if required), the employer will file an Immigrant Petition for Alien Worker, Form I-140, with the US Citizenship and Immigration Services (USCIS) for one of the five employment-based preference categories. These immigrant visas are designed for applicants seeking green cards or being granted lawful permanent resident status.
E-1: Priority worker and persons of extraordinary Ability
There are three sub-categories under the Priority Worker. These include persons with extraordinary ability, outstanding professors and researchers and multinational managers or executives. The Bureau of Consular Affairs website describes the sub-categories in detail. An Immigrant Petition for Alien Worker, Form I-140, must then be filed.
E-2: Professionals Holding Advanced Degrees and Persons of Exceptional Ability
This classification includes individuals of professions holding advanced degrees, or persons of exceptional abilities in the arts, science, or business.
The U.S. employer must file an Immigrant Petition for Alien Worker, Form I-140. Also, the applicant must typically have a labor certification approved by the Department of Labor.
E-3: Skilled Workers, Professionals, and Unskilled Workers
These skilled workers will have at least two years of training or experience. Or the applicants are professionals with college degrees, or they are classified under “other” workers for unskilled labor that is not temporary or seasonal.
These workers must have an approved Immigrant Petition for Alien Worker, Form I-140, filed by the prospective employer. All E3 workers generally require labor certification consent from the Department of Labor.
E-4: Certain Special Immigrants
Under this employment-based preference category, these individuals are considered “special immigrants,” including religious workers, employees of U.S. foreign service posts, translators, former U.S. government employees and other classes of non-citizens.
Labor certification is not required for any of the Certain Special Immigrants subgroups. However, these applicants must be the beneficiary of an approved Petition for Amerasian, Widow(er), or Special Immigrant, Form I-360. There are exceptions for Certain Employees or Former Employees of the U.S. Government Abroad.
E-5: Immigrant Investors
These individuals will invest $500,000 to $1 million in a job-creating enterprise that employs at least 10 full-time U.S. workers.
H-1B: Visa Program
This is another category that helps US employers fill a critical need in the nation’s labor market of specialty occupations. The H-1B is a temporary (non-immigrant) visa category that allows employers to petition for “highly educated” foreign professionals to work for them.
The visa’s duration is usually three years and does not lead directly to a green card or US citizenship. Both the H-1B visa and the EB-5 visa allow foreign nationals to bring their spouse and unmarried children under 21 to the United States.
H-2A: Temporary Agricultural Employment of Foreign Workers
This visa program helps American farmers hire seasonal or temporary workers from other countries to help fill the gaps when domestic workers are in short supply.
The standard filing process takes between 60 and 75 calendar days. The farmer will apply for a domestic job order with the local State Workforce Agency. The State Workforce Agency will provide approval of the job order.
There’s also the H-2B Non-Immigrant Program that permits employers to temporarily hire non-immigrants for non-agricultural labor or services in the US.