Building a Global Workforce: The Power of Employment-Based Immigration

Posted by Mark Tony September 4, 2023

Types of U.S. employment-based immigration

There are several types of employment-based immigration options available in the United States. These options cater to individuals with varying levels of skills, qualifications, and contributions. Keep in mind that immigration policies and categories can change over time, so it’s important to refer to official sources such as the U.S. Citizenship and Immigration Services (USCIS) for the most up-to-date information. Here are some of the main types of U.S. employment-based immigration:

  • H-1B Specialty Occupation Visa: This visa is for individuals with a specialty occupation, typically requiring at least a bachelor’s degree or equivalent in a specific field. Employers sponsor H-1B visas for foreign workers in occupations such as technology, engineering, healthcare, and more.
  • L-1 Intracompany Transfer Visa: This visa is for multinational companies that want to transfer employees with specialized knowledge or managerial/executive roles from a foreign office to a U.S. office.
  • O-1 Extraordinary Ability Visa: This visa is for individuals who possess extraordinary ability or achievements in fields such as sciences, arts, education, business, or athletics. It is suitable for those with a high level of recognition in their field.
  • EB-1 Priority Workers: As mentioned earlier, this category is for individuals with extraordinary abilities, outstanding professors or researchers, and multinational executives or managers.
  • EB-2 Professionals with Advanced Degrees or Exceptional Ability: This green card category is for professionals with advanced degrees or exceptional abilities in their field. It includes individuals who may qualify for a National Interest Waiver.
  • EB-3 Skilled Workers, Professionals, and Other Workers: This green card category is for skilled workers, professionals, and other workers with varying levels of experience and skills.
  • EB-4 Special Immigrant Categories: This includes religious workers, employees of U.S. foreign service posts, international organization employees, and more.
  • EB-5 Immigrant Investors: As previously mentioned, this category is for foreign investors who invest a certain amount of capital in a new commercial enterprise that creates jobs for U.S. workers.
  • TN Visa (Trade NAFTA Visa): This visa is available to Canadian and Mexican professionals who work in certain designated professions as outlined in the North American Free Trade Agreement (NAFTA).
  • E-1 Treaty Trader and E-2 Treaty Investor Visas: These visas are available to individuals from countries that have a qualifying treaty with the U.S. They allow individuals to engage in international trade (E-1) or invest a substantial amount of capital in a U.S. business (E-2).
  • J-1 Exchange Visitor Visa (with work authorization): While primarily intended for cultural exchange programs, certain J-1 visa holders can receive work authorization for specific types of employment, such as academic research or medical training.
  • OPT (Optional Practical Training) and STEM OPT Extension: These programs allow international students on F-1 visas to work in their field of study for up to 12 months (or up to 36 months with a STEM extension) after completing their degree.

It’s important to note that each category has its own eligibility requirements, application processes, and limitations. If you’re considering employment-based immigration to the U.S., it’s recommended to consult with an immigration attorney or refer to official government sources for the most accurate and up-to-date information.

How to apply for EB-4 Special Immigrant Visa

The EB-4 Special Immigrant Visa is designed for specific categories of individuals who qualify under the special immigrant classifications. These categories include religious workers, certain employees of U.S. foreign service posts, international organization employees, and more. The application process for an EB-4 Special Immigrant Visa involves several steps:

  • Eligibility Determination: Determine whether you qualify for one of the specific categories within the EB-4 Special Immigrant Visa. Each category has its own set of eligibility criteria, so make sure you meet the requirements for the category you are applying under.
  • Employer or Sponsor Petition: In most cases, you’ll need an employer or sponsor in the U.S. to file an immigrant petition on your behalf. The petition is typically filed on Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant.
  • Document Gathering: Collect the required documentation to support your eligibility for the EB-4 visa category. This may include letters of recommendation, certificates, employment contracts, and other relevant documents.
  • File the Immigrant Petition: Your employer or sponsor will file the Form I-360 petition with the U.S. Citizenship and Immigration Services (USCIS). They will need to provide evidence of your eligibility under the specific category.
  • USCIS Processing: The USCIS will review the petition and supporting documents. They may request additional information or evidence if needed. Once the petition is approved, you’ll receive a notice of approval.
  • Wait for Visa Number: For some categories, EB-4 visas are subject to annual numerical limits. This means that there might be a waiting period after the petition is approved before a visa number becomes available. Check the Visa Bulletin published by the U.S. Department of State to monitor visa availability.
  • File the Immigrant Visa Application: Once a visa number is available, you can proceed to file the immigrant visa application. If you are outside the U.S., this is typically done at the U.S. embassy or consulate in your home country.
  • Attend Visa Interview: Attend an interview at the U.S. embassy or consulate. Be prepared to provide additional documentation and answer questions about your eligibility and intentions in the U.S.
  • Medical Examination and Security Checks: Undergo a medical examination by a designated physician and undergo security and background checks as part of the visa application process.
  • Visa Issuance: If your application is approved, you will be issued an immigrant visa in your passport. This visa allows you to travel to the U.S. and enter as a lawful permanent resident.
  • Travel to the U.S.: Once you have your visa, you can travel to the U.S. within the validity period of the visa. Upon arrival, you will be inspected by U.S. Customs and Border Protection officers, and if everything is in order, you will be admitted as a lawful permanent resident.

It’s important to note that the application process and requirements may vary depending on the specific EB-4 category you are applying under. It’s recommended to consult the USCIS website and seek legal advice from an immigration attorney to ensure that you navigate the process correctly and meet all the necessary requirements.