Gaining employment in the United States is the dream of many immigrants, but obtaining a visa to work in the US is not the easiest thing in the world to do. There is a lot of paperwork and the process can be time consuming, long and confusing. If you are an employer, it is strongly recommended that you seek the assistance of a qualified lawyer who has knowledge in both employment law and immigration law.
What Visa Options Exist?
There are several visas that are available to immigrants seeking to work within the United States. These include the following:
EB-1 Priority - These are visas that are granted to persons of extraordinary ability (e.g. doctors, businessmen, scientists and athletes). E1 Priority visas can be obtained without a formal offer of employment being made. To obtain one, the individual must complete Form I-140 and submit this to the United States Customs and Immigration Service.
EB-2 Second Preference - E2 Second Preference visas are granted to people with advanced degrees in their fields and a minimum of 5 years work experience in their profession. Again, they are open to doctors, scientists, businessmen, etc. Just over a quarter of all visas issued in the US are E2 Second Preference Visas and competition is fierce. Thus, if you are helping someone to obtain this type of visa, the sooner you begin the process, the greater the chances of approval.
EB-3 Third Preference - These visas are for unskilled labor, workers and professionals seeking employment in the US. To obtain one, the individual must have 2 years relevant work experience that is not seasonal or temporary.
EB-4 Fourth Preference - This is a catch all category that is open to ministers, news reporters, foreign nationals who have worked for the US government abroad, spouses and certain beneficiaries of US government programs.
EB-5 Fifth Preference - These visas are open to immigrant investors who are seeking to open businesses or make considerable investments within the U.S.
The applications for all of these must be submitted to the United States Citizenship and Immigration Service. Each has their own forms, fees, and requirements. Thus, it is wise to seek professional legal counsel for assistance in completing them. The process can take a considerable amount of time, which is why you'll want to make sure that all the "i's" are dotted and the "t's" are crossed before any paperwork is submitted.
The legal team at Stockard, Johnston, Brown & Netardus, P.C. in Amarillo, Texas, can help you fill out the necessary forms and submit the visa applications to the USCIS on behalf of your employees, or to help fill open positions during the recruitment process. Contact us for more information about our immigration services.