Employment-Based Visas Overview
The United States has long been a destination for top talent from all over the world. Nonimmigrant visas offer opportunities to work in the United States for a specified time and for various reasons. They do not provide lawful permanent residence, although many people who come to the United States on nonimmigrant visas subsequently transition to permanent residency and eventually U.S. citizenship.
There are many temporary employment-based visa classifications. Temporary employment-based visa classifications permit employers to hire and petition foreign nationals for specific jobs for limited periods of time.
Most temporary workers must work for the employer that petitioned for them and have limited ability to change jobs. In most cases, they must leave the United States if their status expires or if their employment is terminated.
We work with you to develop and implement a successful and cost-effective green card process tailored to your company’s needs.
Lawful permanent residency allows a foreign national to work and live lawfully and permanently in the United States. Lawful permanent residents (LPRs) can remain in the country even unemployed. In addition, immigrants who acquired lawful permanent resident (LPR) status through employment may apply for U.S. citizenship after five years.
Can I change jobs after PERM is approved?
Question on immigration status during an interview
Q: What can employers ask about immigration status during the interview process?
A: The question must focus on the job applicant’s ability to work legally in the United States. The question should not ask about the applicant’s immigration status or citizenship. Therefore, an employer may ask: Are you authorized to work lawfully in the United States for our company; do you need, or will ever need, sponsorship to work in the U.S.?
H1B stay in the U.S.
Q: How long can one stay in the USA on H1-B Visa?
A: The H1B visa duration is limited to 6 years. If required to come again on H1B, one has to stay outside the USA for at least one year before re-entering. You may be eligible for an extension beyond six years if your green card process and your labor is pending.
Does an H1B petition guarantee admission to the U.S.?
Q: Does an H1B petition guarantee admission to the U.S.?
A: No. The USCIS’ approval of your H1B petition does not automatically grant you admission to the
U.S. in H1B status. You will need to attend an interview at a U.S. Consulate near you to get your
visa stamp. The Consular Officer will verify your education background, work experience, details
of your U.S. employment, and other relevant information and will issue your visa only when they
find all the information you provide to be genuine as stated in your petition.
Who can file H1B Petition?
Who can file H1B Petition?
A: You cannot file your H1B visa petition. Only your prospective employer who has given you a
job offer may file your H1B petition on your behalf.
H-1B processing time
Q: How long does it take for the H1B approval process?
A: The standard processing for any H1b Visa application can vary from 1 to 6 months, sometimes longer. Employers who do not want to wait such a long time for processing can choose premium processing. Premium processing guarantees that the petition will be processed within 15 days of submission. If it is not processed within that time, USCIS refunds the fees.
Step after LCA approval
Q: What is the next step after LCA approval?
A: After the LCA has been approved, the employer may submit a copy of it to the USCIS to request an H-1B nonimmigrant classification on behalf of the foreign worker.
Employment-based green card issued annually
Q: How many employment-based green cards are issued each year?
A: There are 140,000 green cards annually for immigrants in five employment-based categories.
Petition-based employment visa
Q: What is a petition-based employment visa?
A: Temporary worker visas are for persons who want to enter the United States for employment lasting a fixed period and are not considered permanent or indefinite. Each visa requires the prospective employer to file a petition with U.S. Citizenship and Immigration Services (USCIS).
Processing time for employment-based immigration
Q: How long does employment-based immigration take?
A: It takes about six months to process your Form I-140. If you go through PERM Labor Certification, it can take up to 15 months to 2 years. You can expedite your Form I-140 processing through premium processing.
Employing a foreign worker
Q: How do I employ a foreign worker?
A: Whether you can employ a foreign worker depends upon the type of employment and the alien’s status and qualifications. Please get in touch with us to discuss your company’s sponsorship of employment immigration visas for the temporary hiring of professional/skilled workers under the H-1B, L-1, and the TN visa program designated specifically for Canadian & Mexican workers.
Request for Evidence
Q: I received a Request for Evidence (RFE) from the government. Can you help me to respond?
A: You must respond promptly to the request with the desired information. We would be happy to meet with you to determine the course of action for the response.
Lawful Permanent Resident allowed voting?
Q: I am a Lawful Permanent Resident, am I allowed to vote?
A: As a Permanent Resident, you should be careful and not register to vote. You can only vote in local and state elections that do not require proof of U.S. citizenship, and the consequences of unlawful voting could result in deportation (removal) proceedings. However, if you have registered to vote or voted and are not a United States Citizen, please consult an experienced immigration lawyer for a consultation to determine your options.
Q: What is a 221(g), and what does it mean?
A: A notice under this law section is because the consular officer determined that the evidence submitted supporting the application was insufficient to demonstrate eligibility for the visa. If you have been denied, for this reason, you should consult with an immigration attorney to determine your next course of action.
3-Year Bachelor Degree from India
Q: I have a 3-year bachelor’s degree from India and 15 years of work experience. Am I eligible for EB-2
A: In general, an Indian 3-year degree is not accepted by USCIS as the US equivalent of a bachelor’s degree. To qualify under EB-2, your bachelor’s degree must be obtained by education only, not by a combination of education and experience. Your three-year degree plus the work experience will most likely be evaluated as the equivalent of a US bachelor’s degree, but USCIS will not accept it for EB-2 purposes.