1. What is the required processing time for an employment-based immigrant visa?

The processing time for an employment-based immigrant visa varies depending on the visa category, the individual’s country of origin, and the availability of visa numbers. Generally, processing times can range from a few weeks to several years.

2. What documents are needed to apply for an employment-based immigrant visa?

To apply for an employment-based immigrant visa, applicants will need to provide the following documents:

• A valid passport
• Form I-140, Petition for Alien Worker
• Form I-485, Application to Register Permanent Residence or Adjust Status
• Form I-765, Application for Employment Authorization
• Two passport-style photographs
• Evidence of employer’s ability to pay the salary offered
• Certified copies of educational degrees, diplomas, or certificates
• Documentation of any other appropriate qualifications
• Proof of medical exam results
• Police certificates from any countries where the applicant has lived for more than six months since the age of 16
• Evidence of legal status in any countries where the applicant has resided since the age of 16
• Form I-864, Affidavit of Support from a U.S. Citizen or Lawful Permanent Resident Sponsor
• Other supporting documents specific to the applicant’s situation

3. What is the difference between an employment-based immigrant visa and a family-based immigrant visa?

An employment-based immigrant visa is a type of visa that is granted to a foreign worker who has been sponsored by an employer in the U.S. It is designed to help employers fill positions for which there are no qualified U.S. citizens or permanent residents.

A family-based immigrant visa is a type of visa that is granted to a family member of a U.S. citizen or permanent resident. It is designed to help families reunite by enabling eligible family members to live and work in the United States.

4. Are there any special requirements or restrictions for obtaining an employment-based immigrant visa?

Yes, some special requirements and restrictions may apply when obtaining an employment-based immigrant visa. These may include:

– Having a job offer from a US employer and a labor certification from the US Department of Labor
– Having certain qualifications, such as a college degree or specialized skills
– Meeting income and other financial requirements
– Submitting additional documents as requested by US Citizenship and Immigration Services (USCIS)
– Demonstrating that an immigrant visa is available
– Paying applicable visa fees.

5. What is the process for applying for an employment-based immigrant visa?

The process for applying for an employment-based immigrant visa starts with the employer filing a petition with the U.S. Citizenship and Immigration Services (USCIS) on behalf of the foreign worker. The petition explains the job offer and the qualifications of the foreign worker in detail. If approved, the foreign worker is then able to apply for a visa through the U.S. Department of State, either at a U.S. consulate abroad or at a port of entry. The foreign worker is required to submit several supporting documents including proof of their employment offer, adequate financial resources, and evidence of their ability to perform the job. If approved, the foreign worker is issued an immigrant visa and can then enter the United States to pursue permanent residency status.

6. Are there any additional fees associated with filing for an employment-based visa?

Yes, there may be additional fees associated with filing for an employment-based visa. Some of these fees may include visa application fees, biometric services fees, fraud prevention and detection fees, and processing fees. The cost of a particular visa may vary depending on the specific type of visa being applied for.

7. What is the difference between labor certification and a labor market test?

A labor certification is a formal process in which the U.S. Department of Labor (DOL) verifies that there are not enough qualified U.S. workers available and willing to do the job at the prevailing wage in the area of intended employment, and that employing an immigrant will not have an adverse effect on the wages and working conditions of similarly employed U.S. workers.

A labor market test is a recruitment process used by employers to assess the supply and demand of local labor for a specific job opening. It can involve classified job advertisements, networking with local businesses, and direct contact with local employment centers and schools. The labor market test is used to verify that there are not enough qualified U.S. workers available for the employer’s job opening before applying for a labor certification.

8. How does one qualify for the priority worker category?

The priority worker category is reserved for individuals who have exceptional abilities in the sciences, arts, or business, and individuals who have been offered a job that requires such exceptional abilities. To qualify for priority worker status, applicants must be able to demonstrate at least three years of experience in their field and must receive an offer of employment from a U.S. employer.

9. What is the National Visa Center (NVC)?

The National Visa Center (NVC) is part of the U.S. Department of State, Bureau of Consular Affairs, and is responsible for pre-processing immigrant visa applications for those immigrating to the United States from abroad. The NVC handles the administrative processing of immigrant visas, including collecting fees and required documents, reviewing applications, and scheduling visa interviews at U.S. Embassies and Consulates abroad. The NVC also provides information and guidance to petitioners, applicants, and their legal representatives throughout the visa application process.

10. What are the NVC processing steps for an employment-based immigrant visa application?

1. Initial review: USCIS will review the submitted petition and determine whether the individual is eligible for an immigrant visa.

2. National Visa Center (NVC) processing: The NVC will collect the beneficiary’s required documents and fees, review the application, and then forward the application to the relevant U.S. Embassy or Consulate.

3. U.S. Embassy or Consulate processing: The applicant must attend an interview at the U.S. Embassy or Consulate, during which he or she will answer questions about the application and have their photograph and fingerprints taken for security and background checks.

4. Administrative processing: After the interview, the U.S. Embassy or Consulate may require additional administrative processing of the application, such as requesting additional documents or conducting background checks.

5. Visa issuance: If all requirements are met and approved, the applicant will receive an immigrant visa at the U.S. Embassy or Consulate.

11. How can I check the status of my employment-based immigrant visa application?

You can check the status of your employment-based immigrant visa application by contacting the National Visa Center (NVC) at 1-603-334-0700, or logging in to their website at https://travel.state.gov/content/travel/en/us-visas/immigrate/the-immigrant-visa-process/check-status.html. You may also contact the U.S. Embassy or Consulate where you submitted your application for further assistance.

12. Are there any special considerations for applicants with specific occupations?

Yes, depending on the occupation, some applicants may have to meet additional requirements or provide additional documentation. For example, healthcare professionals such as doctors and nurses may need to provide proof of certification or licensure when applying for a visa. Additionally, some occupations may be excluded from certain visa categories, such as the J-1 Visa for Exchange Visitors.

13. Are there any restrictions on where I can work after obtaining an employment-based immigrant visa?

Yes. Employment-based immigrant visas are job-specific and require that you work for the employer that has sponsored you, in the location and job that you were sponsored for. You cannot work for another employer, in a different location, or in a different job than what was specified on your petition.

14. Is there a limit to how long I can stay in the US with an employment-based immigrant visa?

The length of time you can stay in the US with an employment-based immigrant visa depends on the type of visa you have. Most employment-based visas allow you to stay in the US for up to 6 years. Some visas may allow for longer stays, depending on the type of visa and the specific situation.

15. What is a National Interest Waiver and how does it help with immigration processing?

A National Interest Waiver (NIW) is a special immigration provision granted by the United States Citizenship and Immigration Services (USCIS) that allows certain individuals to apply for and receive permanent residence (Green Card) without having to go through the labor certification process. It is usually for immigrants with extraordinary abilities in a specific field or for those who have a job offer from a U.S. employer that serves the national interest. This waiver expedites the Green Card application process and eliminates the need for the employer to go through the lengthy labor certification process which requires extensive documentation and filing fees.

16. How does an employer sponsor a foreign national for an employment-based immigrant visa?

An employer can sponsor a foreign national for an employment-based immigrant visa by filing a Form I-140, Petition for Alien Worker, with U.S. Citizenship and Immigration Services (USCIS). This form must include evidence that the foreign worker has the necessary qualifications and that the employer has the ability to pay the offered wage. In addition, the employer must submit other forms of documentation, including proof of labor certification, and additional information about the job and the employer.

17. Are there any restrictions on which employers can sponsor foreign nationals for an employment-based immigrant visa?

Yes, different employment-based immigrant visa categories have different restrictions on which employers can sponsor foreign nationals. Generally, those employers must be able to demonstrate the ability to pay the offered wage, as well as meet certain labor certification requirements. Additionally, employers must meet all applicable legal requirements and the employer must have a valid business license and any other necessary permits.

18. Are there resources available to help employers navigate the NVC process?

Yes, there are many resources available to help employers navigate the NVC process. Employer resource centers provide assistance to employers on all aspects of the NVC process, including visa processing, application preparation, and the required fees. Additionally, the U.S. Department of State offers a variety of resources designed to help employers understand and comply with the NVC process, including information on visa types and eligibility criteria, visa application procedures, and applicable fees.

19. Are there any restrictions on how many people can be sponsored by one employer for an employment-based immigrant visa?

Yes, there are restrictions on the number of people who can be sponsored by one employer for an employment-based immigrant visa. In the US, the annual limit for employment-based immigrant visas is 140,000. Of those, only 7% may be allocated to any single country. Additionally, there is a per-employer limit of 7.1% of the total number of employment-based visas available each year.

20. How can I get help with preparing and submitting my immigration paperwork to the NVC?

The National Visa Center (NVC) offers an online guide to the immigration process that can help with preparing and submitting paperwork. Additionally, USCIS provides free resources for those who are filing an immigration petition. Additionally, there are many private organizations that offer immigration assistance services, such as legal advice and document preparation. It is highly recommended that you seek the help of an experienced immigration attorney before filing any immigration forms.