Entering the United States from another country can happen through a variety of methods, including by obtaining a temporary or long-term visa for employment in the U.S. You must apply for a visa with the United States government, which can grant or deny the visa based on various eligibility criteria. If you have questions about employment immigration options for yourself, a loved one, or a prospective employee, an employment immigration attorney near you at Joseph & Hall P.C. are here to help.
Each year, the U.S. Department of State issues about 140,000 employment-based immigrant visas to qualified applicants under specific provisions of U.S. immigration law. There are five preference categories related to employment-based visas, with the higher priority visa applicants more likely to be admitted into the U.S. to work.
When an employment-based visa is approved, certain spouses and children may also accompany, or follow-to-join, employment-based immigrants. The opportunities associated with an employment-based visa can be significant for you and your family, and ensuring that the process is completed accurately and effectively can make the difference between fast approval or a lengthy process.
To begin the process, the applicant’s prospective employer or agent must first get a labor certification approval from the Department of Labor. Once the Department of State has received the labor certification approval from the Department of Labor, the employer then must file an Immigrant Petition for Alien Worker, Form I-140, with the U.S. Citizenship and Immigration Services (USCIS) in the appropriate employment-based preference category.
Once USCIS approves the petition, it is sent to the National Visa Center, which assigns a case number to the petition. If the priority date meets the most recent qualifying date, the NVC will instruct you to complete Form DS-261. You then will pay fees and proceed with further paperwork and data collection efforts. The process is lengthy and can be confusing, underlining the value of seeking the assistance of an immigration attorney.
As explored above, the application process for an employment-based visa can be complicated, and a denial can result in a time-consuming appeal process that could result in the loss of your prospective employment opportunity or employee. If you are looking to enter the U.S. for employment purposes and are wondering how to bring your spouse and children or what your preference categorization will be, an experienced attorney can help.
Going through the employment-based visa application process on your own can be stressful, time-consuming, and the cost of errors could be your job opportunity. An experienced attorney who knows the process and the opportunities available to you and your family will help ensure the process is properly navigated with your best interests in mind.
Contact one of the Colorado Springs immigration attorneys at Joseph & Hall P.C. today to book a consultation to discuss your case now.
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