One of the many ways to become a temporary visa holder in the United States is to have a work-related reason to be in the country. While most of these visas are temporary, work can provide a means to get permanent residence in some situations.
The process for this type of application has changed in the past several months, however. If you are considering applying for permanent residence due to your employment in the U.S., you need to speak with a Salt Lake City employment visa attorney to get all of the details.
The Basics of Employment-Based Immigration
There are several types of visas available to immigrants who want to work in the United States. In most situations, the worker must already have employment lined up to qualify for these visas, and their employer must often be a sponsor. Roughly 140,000 workers can get green cards through their jobs every year in the United States.
There are generally three subcategories of work-related visas available:
- Extraordinary ability. (EB-1) Those with “national or international acclaim” in the fields of sciences, art, athletics, education, and business would qualify for this type of visa. These workers do not have to have specific job offers as long as they continue to work in the field in which they have extraordinary ability.
- Professors and researchers. (EB-2) Successful academic workers with at least three years of teaching or research experience fall into this category. These individuals must have a job offer before applying.
- Managers or executives. (EB-3) Employees who work in executive or management position overseas for the same company can work in the U.S. as well. Again, they must have a job offer in hand before applying for this type of visa.
As part of the application process, either the employer or the individual must complete a Form I-140, Immigrant Petition for Alien Worker and file it with the U.S. Citizenship and Immigration Services (USCIS).
The Interview Process
In most employment-based applications, workers were not required to submit to an interview with a representative from USCIS. However, in October 2017, the process for these applications was altered to include interviews. Dependents may also be interviewed as well.
This change was in response to an Executive Order titled “Protecting the Nation from Foreign Terrorist Entry into the United States.” This Order required increased measures to protect the United States from terrorism and fraud in the immigration process. It was designed to “enhance the integrity of the immigration system.”
During the interview, USCIS will verify information provided in the application and seek out additional information. They will often also ask about prior arrests or criminal conduct. Job duties and educational background will likely be covered as well.
This interview process is expected to cause further delays in processing time. Contacting a Salt Lake City employment visa attorney to help with this application process can be very useful. Call Familia America at 801-656-9605 for more information.