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Employment Based

EMPLOYMENT-BASED IMMIGRATION

Helping You Work & Prosper in America

Obtaining an Employment-Based Visa

It is possible to become a permanent resident of the United States through an employment-based visa. The first step is to find a U.S. employer who is willing to sponsor you. Then the U.S. Department of Labor has to certify your application before a petition is filed with the Immigration Service (USCIS).

EMPLOYMENT VISA REQUIREMENTS

Finding an employer is the first step.

In most cases, an employer (U.S. company) must show they cannot find qualified, eligible workers in the U.S. to fill the position and that you meet the education and experience requirements.

Labor Department Certification

The Labor Department issues a certification that you employment will not displace a U.S. worker.

Employment Petition Approval By USCIS

Once the labor department certifies the job offer, a petition is filed with USCIS. Upon approval, you will be processed to become an immigrant.

College Degree

If the position requires a college degree, then you must also hold a college degree to meet the employment-based requirements.

Experience

If the position requires some experience then you must have completed the minimum required amount of experience in the same type of work.

Prevailing Wage

The Labor Department issues a certification showing that your employer is offering you a “prevailing wage.”

EMPLOYMENT VISA PROCESS

Understanding the Visa Process

Once a Labor Certification is issued and an employment petition is approved then your visa will be processed subject to country quota availability.
If your visa status goes from a student to an OPT, to an H1-B, the next step is employment through a Labor Certification through an adjustment of status application, if eligible.

Important Steps to Know

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