US IMMIGRATION: work visa

Immigrant and non-immigrant work visas.

Immigrant and nonimmigrant work visas.Obtaining a U.S. immigrant work visa.

Gaining permanent residency (green card) in the United States based on employment opportunity requires going through a multi step process. Sponsoring employers and potential immigrants have to choose one of the USCIS' paths for obtaining a green card (lawful permanent residency). U.S. employer wishing to sponsor a foreign worker has to complete a labor certification request on form ETA 750 which should be submitted to the Department of Labor's Employment and Training Administration. The Department will either approve of deny such request. The mention above step does not apply to licensed physicians who are willing to practice medicine in so called "undeserved areas" of the United States, which are defined and declared by the U.S. Department of Health and Human Services. After the Labor Department approves the certification the sponsoring employer willing to offer a job to an foreign immigrant must file petition for Alien Worker (form I-140) with the United States Citizenship and Immigration Services.

Like with all immigrant visas, approved applications must receive immigrant visa number form the State Department even if potential employee is already in the U.S. Applicants who are already living in the United States can apply for status adjustment to obtain a green card once they have an immigrant visa number from the State Department. Others who live outside the U.S. will have to complete the process in one of United States' embassies or consulates abroad.

There are five preference categories each with certain limits of the number of all available work visas.

See also related temporary work visa, which explains conditions of gaining work visas for a certain period of time.

H1B visas for persons in a specialty occupation, and TN visa under NAFTA agreement for Canadian and Mexican workers.


Immigration

Obtaining a U.S. immigrant work visa.
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This web site does not provide legal advice. The information contained herein is generalized and should not be used to replace legal advice for specific immigration cases.
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