Business owners who are interested in growing their talent pool, may consider hiring international talent. A US work visa is issued to foreign nationals with an interest in living and working within the country. Continue reading →
Business owners who are interested in growing their talent pool, may consider hiring international talent. It is important to understand the immigration process and the employment visas available to potential candidates. A US work visa is issued to foreign nationals with an interest in living and working within the country.
While a relative or employer will often sponsor the individual by filing an application with U.S. Citizenship and Immigration Services (USCIS), certain applicants can petition themselves. The application is then forwarded to the relevant American Consulate or Embassy for processing and issuing the visa to the intending immigrant if they are approved. Intending immigrants must present this visa at an American point of entry before expiration.
Every fiscal year, the US issues around 140k employment-based immigrant visas. While these visas are divided into five different categories of preference, spouses, and children of an applicant are allowed to accompany or follow to join the applicant.
EB-1 visas are for priority workers entering the US. Each application is carefully reviewed and must be in compliance. The following persons may qualify for an EB-1 visas:
Applicants for this category should have certification by the Department of Labor, they must have a job offer and their U.S. employer must file Form I-140 on the applicant’s behalf. Exemptions exist, known as National Interest Waivers, and may be honored should the exemption benefit the nation. Should this exemption be granted, the applicant must file Form I-140 themselves and provide evidence of national interests. EB-2s account for 28.6% of the yearly global limit of employment-based immigrant visas plus any unused E1 visas.
This category has two subgroups.
E3 applicants must have Form I-140 filled out by their prospective employer. EB-3 visas concern workers certified by the Department of Labor. EB-3s account for 28.6% of the annual global limit on employment-based immigrant visas plus any remaining EB-1 and EB-2 visas.
This category has three subgroups.
E4 applicants must be the beneficiary of Form I-360, which covers Amerasians, the widowed, and special immigrants, unless the other party worked for the U.S. Government. E4 visas account for 7.1% of the annual global limit on employment-based immigrant visas.
There are many subgroups within this category. Rather than list every one of them, the general assessment is that E4s are valid for:
E5 visas are for any foreign individual who is looking to invest capital within the United States in a manner that will create jobs.
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