Employment Based petitions can be submitted under a number of preferences categories. These classifications are mostly based on precise job descriptions and requirements.
Immigrant visas based on employment are divided into five preference categories. Spouses and children of employment-based immigrants can accompany them or follow them.
The First Steps toward an Immigrant Visa: Labor Certification and Filing a Petition.
An applicant’s prospective employer or agent must first get approval from the Department of Labor to apply for an immigrant visa under some of the employment-based categories below. Once received (if required), the employer files an Immigrant Petition for Alien Worker, Form I-140, with the U.S. Citizenship and Immigration Services (USCIS) for the appropriate employment-based preference category.
A petition approved by USCIS is sent to the National Visa Center (NVC). After receiving the petition, the NVC assigns a case number. The NVC instructs applicants to complete Form DS-261, Choice of Address and Agent, when their priority date meets the most recent qualifying date. (If you already have an attorney, you will not be asked to complete Form DS-261.) The NVC will instruct the applicant to submit the appropriate fees and begin pre-processing the case. Upon payment of the appropriate fees, the NVC will request that the applicant submit the necessary documents for the immigrant visa application, including the application form and civil documents. To begin the application process, you should contact Royal Migration, a leading immigration visa processing firm with 24 years of experience.
It is generally necessary to submit the following documents:
After determining that the applicant’s file is complete with all the required documents, the NVC schedules the applicant’s interview appointment once they determine that the file is complete. As a next step, NVC will send the file, which includes the applicant’s petition and all the documents listed above, to the American consulate or embassy where the applicant will be interviewed. Applicants, attorneys, and third-party agents, if applicable, will receive an appointment email or letter (if no email address is available) with the date and time of their visa interview, instructions for medical exams, and appointment information.
Each applicant must bring various documents to the interview, including a valid passport and any other documents that have not already been provided to NVC. To obtain an immigrant visa from the United States, a consular officer will interview the applicant and the consular officer will determine whether the applicant is eligible for an immigrant visa based on U.S. immigration law. An ink-free, digital fingerprint scan will take place on the day of the interview. Typically, when an applicant attends an interview, both the original civil documents and the original translations are provided.
It takes an additional amount of time for employment-based immigrant visa cases to be processed since they are in a numerically limited visa category. It is impossible to predict with any certainty the length of time it will take to resolve an individual case since it varies from case to case. Some cases are delayed due to applicants not following instructions carefully enough. In some cases, visa applications require additional administrative processing, which takes additional time after the consular officer interviews the applicant.
Our team of business immigration consultants has expertise in helping employers and qualified workers in a range of industries and businesses of all sizes. Fill out the form to discuss your USA immigration-based visa application.
An applicant can be ineligible for a visa due to certain conditions and activities. Drug trafficking, overstaying a previous visa, and submitting fraudulent documents are examples of these ineligibilities. A consular officer will inform you if you do not qualify for a visa as soon as possible and tell you how you can waive your ineligibility.
You may become permanently ineligible for a U.S. visa or entry into the country if you willfully misrepresent a material fact or commit fraud. If you would like to thoroughly check your material facts, fill out the contact form and get in touch with an immigration expert with 22 years of experience at Royal Migration.
If you are granted an immigrant visa, the consular officer will give you your passport, which contains your immigrant visa, and a sealed packet containing the documents that you provided to the consular officer. It is crucial not to open the sealed packet as soon as you receive it. When you enter the United States, this packet should be opened by an official from the U.S. immigration system. You must enter the United States before your visa expires. Travelling to the United States requires the primary applicant (or principal applicant) to enter the country before or simultaneously with visa-holding family members.
USCIS Immigrant Fee – You must pay the USCIS Immigrant Fee to the United States Citizenship and Immigration Services (USCIS) once you have received your immigrant visa and before you travel to the United States. (SI-1, SI-2, SI-3, SQ-1, SQ-2, and SQ-3 visa holders will not pay the fee.)
You must pay the immigrant fee before USCIS issues your Permanent Resident Card (Form I-551 or Green Card).
An entry visa is a document that allows a foreign national to travel to the U.S. port-of-entry and request permission to enter the country. It is important to remember that a visa does not guarantee entry into the United States for applicants. The Department of Homeland Security (DHS), and Customs and Border Protection (CBP) officials have the authority to permit or deny admission to the United States. If you need more information about admission requirements and entry requirements into the USA, please contact Royal Migration.
The Permanent Resident Card, Form I-551 (formerly known as the Alien Registration Card, also known as a Green Card), will be mailed to you after you’ve paid the USCIS immigrant fee.
Your Social Security Number Card will be mailed to the U.S. address you designated on your application form if you selected to receive it upon admission to the United States as an immigrant. Your card should arrive approximately six weeks after your admission. After arriving in the United States, you will need to apply for a Social Security Number Card if you did not elect to receive one.
It is essential that, before moving to the United States, you find out more about your status as a lawful permanent resident and make sure that you review information about living in the United States before making your final decision.
At Royal Migration, we understand the complexities of USA immigration. Our team is dedicated to providing clear, accurate, and up-to-date information to help you achieve your goals in the USA. Browse through our comprehensive FAQs below for quick answers and valuable insights. If you need further assistance, don’t hesitate to contact our experts for personalized guidance.
No. Only your employer can sponsor you.
You may not enter the United States until 10 days before your initial employment start date, as noted on your Form or your offer of employment letter.
No. No visa covers casual work. All applicants who plan to work in the United States must have an approved petition before their visa appointment.
