Employment-based immigration to the United States offers individuals the opportunity to live and work in the country based on their skills, qualifications, and job offers from U.S. employers. 

This guide provides an overview of the various methods of employment-based immigration, including the general application process, costs involved, timing considerations, and next steps.

What are the main employment-based immigration options?

There are several employment-based immigration categories, each designed for individuals with specific skills, qualifications, and job offers in the United States. These categories include:

EB-1 Priority Workers:
Reserved for individuals with extraordinary abilities in the sciences, arts, education, business, or athletics, outstanding professors and researchers, and multinational executives or managers.

EB-2 Professionals with Advanced Degrees or Exceptional Ability
For individuals with advanced degrees or exceptional ability in their field, including individuals with exceptional abilities in the sciences, arts, or business, or with advanced degrees in their field.

EB-3 Skilled Workers, Professionals, and Other Workers
For skilled workers with at least two years of training or experience, professionals with bachelor’s degrees, and other workers with less than two years of training or experience.

EB-4 Special Immigrant Workers
Reserved for certain special immigrant categories, including religious workers, certain employees of U.S. foreign service posts, and other specific categories.

EB-5 Immigrant Investors
Allows individuals to obtain permanent residency by investing in a new commercial enterprise that creates jobs in the United States.

What is the application process for employment-based immigration?

The application process for employment-based immigration typically involves the following steps:

Labor Certification (if required):
For some employment-based categories, such as EB-2 and EB-3, employers may need to obtain labor certification from the U.S. Department of Labor to demonstrate that there are no qualified U.S. workers available for the position.

Form I-140, Immigrant Petition for Alien Worker:
Once the labor certification (if required) is obtained, the employer files Form I-140 with U.S. Citizenship and Immigration Services (USCIS) on behalf of the employee.

Adjustment of Status or Consular Processing:
Depending on the individual’s circumstances, they may apply for adjustment of status to permanent residency if they are already in the United States, or they may go through consular processing at a U.S. embassy or consulate abroad.

Form I-485, Application to Register Permanent Residence or Adjust Status (if applicable):
If adjusting status within the United States, the individual files Form I-485 along with Form I-140 to apply for permanent residency.

Biometrics Appointment and Interview (if applicable): Applicants may be required to attend a biometrics appointment and/or an interview as part of the application process.

What are the costs involved?

The costs involved in employment-based immigration can vary depending on factors such as the specific category, legal fees, government filing fees, and any additional costs associated with the application process. Some of the main costs to consider may include:

• Legal fees for hiring an immigration attorney to assist with the application process.
• Government filing fees for various immigration forms, such as Form I-140 and Form I-485.
• Costs associated with obtaining labor certification, if required.
• Fees for medical examinations, biometrics appointments, and other related expenses.

How long does it take to get an employment visa or green card?

The timing of the employment-based immigration process can vary depending on factors such as the individual’s country of origin, the specific employment category, USCIS processing times, and any potential delays or requests for additional evidence. In general, the process may take several months to several years to complete.

What are the next steps once I have received my visa or green card?

After obtaining permanent residency through employment-based immigration, individuals may have the option to pursue U.S. citizenship through naturalization after meeting certain residency and eligibility requirements. Additionally, they may consider sponsoring family members for immigration benefits or exploring other immigration options based on their individual circumstances and goals.

It’s important to consult with an experienced immigration attorney to assess eligibility, navigate the application process, and ensure compliance with all applicable immigration laws and regulations. With the right guidance and representation, individuals can successfully navigate the complexities of employment-based immigration and achieve their goals of living and working in the United States.

You can check out more information on our employment-based immigration services here.