|
General Information:
Typically, employment-based immigrant visa petitions involve three main steps:
First, the employer files a labor certification application (PERM application) with the Department of Labor (DOL).
Second, the employer files an I-140 Immigrant Visa application for the foreign national. This step is filed with the United States Citizenship and Immigration Services (USCIS).
Lastly, the foreign national applies for an immigrant visa at a U.S. Consulate, or if the foreign national is presently in the United States pursuant to a lawful admission, and/or is eligible to adjust status to permanent resident status, he or she may apply for adjustment of status while in the United States. The filing of the adjustment of status application allows the foreign national to remain in the United States during the pendancy of the application.
The timing of this process depends on the employment-based category under which the employment opportunity falls. Please refer below to an overview of each of these steps.
Eligibility:
Professionals must hold a U.S. baccalaureate degree or foreign equivalent degree that is normally required for the profession. Education and experience may not be substituted for the degree.
Skilled worker positions are not seasonal or temporary and require at least two years of experience or training. The training requirement may be met through relevant post-secondary education. The Form ETA-750 (Labor Certification) states the job requirements, which determine whether a job is skilled or unskilled. For more information, please see the Department of Labor's Employment and Training Administration Website. Please note that this category is currently backlocked.
Other workers are in positions that require less than two years of higher education, training, or experience, such as an unskilled worker who can perform labor for which qualified workers are not available in the United States. However, due to the long backlog, a petitioner could expect to wait many years before being granted a visa under this category. See The Preference System and Immigrant Visa Numbers for more information.
|
