Call Us Now
Email Us Now
Explaining The Employer-Sponsored Visa Process
While today’s technology makes remote work easier and more interactive than before, there are times when you need to be on-site at a job to be as effective as possible. Getting a job in another country also gives you the opportunity to see a new part of the world and explore a new culture. If you’re interested in working in the United States, there are companies that can sponsor you for an employment-based immigration visa.
Getting a job offer from an employer who can sponsor you from immigration can make it easier to come into the United States and begin a new life. But there are specific requirements for each of these visas, and it can help to have an attorney who has experience with employment-based immigration looking out for your interests. Call Badmus & Associates to learn more about the services we offer.
How Does a Permanent Work Visa Work?
A permanent work visa is an employment-based visa that allows someone in another country to come to the United States to work on a permanent basis. Once the visa is approved and the person is located in the United States, they are immediately able to apply for a Green Card. This gives them permanent resident status and opens up the path to citizenship after 5 years have passed. With a permanent work visa, the employer is your sponsor, just like a spouse or family member would be your sponsor if you were applying for a family-based visa.
What Are the Categories for a Permanent Work Visa?
A permanent work visa is a general term for a main visa type, but there are actually five specific kinds of permanent work visas.
- EB-1: A first preference visa for priority workers, including those with extraordinary abilities in specific areas, outstanding professors and researchers, and some managers and executives
- EB-2: A second preference visa for those who have advanced degrees or have exceptional abilities
- EB-3: A third preference visa for skilled and professional workers
- EB-4: A fourth preference visa for special immigrants, such as religious workers and some broadcasters
- EB-5: A fifth preference visa for immigrants who are planning on investing in new commercial enterprises that will create jobs
Each of these visas has its own requirements and process, so it’s important to choose the visa type that makes the most sense for your situation. If you’re not sure which visa you should apply for, an immigration attorney can help.
Do I Have to Have an Offer of Employment Before I Apply for a Permanent Work Visa?
In most cases, you need to already have an offer of employment in the United States from a qualifying employer before you can apply for a work visa. This is because most immigration options in the United States require that someone sponsor you. For example, a U.S. citizen might sponsor their spouse or parent. With a work-based visa, the employer is your sponsor. They file the petition to bring you on as a foreign worker. During this process, the employer must show that the need can’t be filled by those already in the United States and that bringing in foreign workers won’t affect job availability for U.S. citizens.
There are a few select work visas that allow you to file a self-petition, which would mean that you don’t need a standing job offer to be able to apply. These include the EB-1A visa, the EB-2 National Interest Waiver, and the O-1 visa.
What Is a Priority Date?
The priority date for your visa is when the U.S. Citizenship and Immigration Services office believes you to have declared a formal intent to apply to be a permanent resident. In effect, the priority date is what determines where you are in the line to get a Green Card. There are only 140,000 total employment-based visas available every year in the United States, and it’s common for there to be more applications than allowed visas. The preference number along with the priority date is a way for the government to sort applicants so it knows when the 140,000 cap has been hit.
Under What Conditions Can a Permanent Work Visa Be Revoked?
The fact that it has “permanent” in the name seems as if there’s nothing you can do to have a work visa revoked, but this isn’t the case. It is possible to have your Green Card revoked if you don’t meet the residency requirements, if you are found to have provided any inaccurate information on your application, or if you are found guilty of certain crimes.
How Long Does a Permanent Work Visa Last?
How long a permanent work visa is good for depends on the type of visa. For example, the EB-1 visa is a permanent Green Card, which means that it is good for 10 years. EB-5 visas are conditional visas, which means that the person must be in the United States for 2 years before they can apply for an adjustment of status to be a full permanent resident. Once you have full permanent resident status, you can apply for citizenship if you wish after you have been in the United States for at least 5 years or at least 3 years if you are married to a U.S. citizen.
Badmus & Associates is an immigration law firm that has extensive experience working with immigrants using work visas and the businesses that employ them. We can help businesses understand the process for sponsoring a foreign worker and which visa option is appropriate. Call 214-393-4917 to speak to a member of our team at our Dallas office and find out more.