On October 1st, the beginning of the fiscal year, the U.S. Department of State (DOS) makes about 140,000 visas available to individuals who want to immigrate to the United States for the purposes of employment. Given the limited quantities of these visas, it is especially important for anyone seeking one to make sure their application is as accurate and comprehensive as possible.
A Marietta employment-based immigration lawyer could offer valuable guidance and support throughout the process of seeking legal entry to the U.S. for work. Once retained, your seasoned immigration attorney could explain what visa category best fits your circumstances, help you collect relevant documentation, submit it in a timely fashion, and walk you through the steps to strengthen your application.
DOS designates five preference categories for employment-based immigrant visas, each of which is meant for a different type of worker. The numbers attached to these visas indicate their priority order—E1 visas are the highest priority, while E5 visas are the lowest priority. Once U.S. Citizenship and Immigration Services (USCIS) has distributed the maximum number of employment visas allowed each year, they will not approve any more applications until the next fiscal year starts.
E1 visas are reserved for people with “extraordinary ability” in specialized fields like sciences, arts, athletics, and education, as well as executives and managers for multinational businesses. E2 visas are similar in that they are meant for individuals with “exceptional ability,” such as holders of advanced degrees and others with significant expertise in their fields.
E3 visas cover skilled workers, professionals, and unskilled workers in that order of priority, while E4 visas are for “special immigrants” who fall into a limited number of unique categories. Finally, E5 visas are technically not for immigrant workers, but rather for immigrant investors who intend to make significant financial investments and create jobs in the United States. A local employment-based immigration attorney could help pursue any of these visas depending on an individual immigrant’s needs and qualifications.
While E1 and E5 visa applicants can file their own applications, the employer who intends to sponsor an immigrant worker is generally the one who must start the employment-based visa application process. They do this by filing Form I-140, Immigrant Petition for Alien Worker. Once USCIS receives and approves this petition, the prospective employee will receive a case number from the National Visa Center (NVC) and be asked to fill out Form DS-260, Immigrant Visa and Alien Registration Application, as well as pay processing fees.
After the NVC receives all the forms and documentation they need from the prospective employee, they will schedule a visa interview appointment and instruct the applicant to undergo their own medical examination and vaccinations. Guidance from a Marietta employment visa lawyer is key to preparing effectively for this interview and confirming all other procedural steps are completed as quickly as possible.
No matter what type of work you do or intend to perform in the United States, you will need the right type of visa to legally enter the U.S. for your new job. However, the specific procedures you will need to go through to get your visa may vary significantly depending on your unique circumstances. Due to the limited number of visas available each year, even one mistake could have major implications for your career.
A bilingual Marietta employment-based immigration lawyer could work tirelessly to pursue a positive resolution to this process on your behalf. Call today to set up a free consultation.
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