Frequently Asked Questions About Employment-Based Visas
Employment-Based Visa Attorney in Los Angeles
Are you interested in working in the United States? If this is your first time embarking on this opportunity or applying for this type of visa, you should consult with Todd Becraft, the best immigration lawyer in Los Angeles. He has helped thousands of clients that were once in pursuit of a visa convert to new citizens. For more insight into the process, we answer the most frequently asked questions below.
What is an employment-based green card?
An employment-based green card is an excellent opportunity for immigrants looking to live and work in the U.S. There are five preference categories you can choose from, including:
EB-1 – this first preference visa is for priority workers. A priority worker has extraordinary ability in science, art, education, business, or athletics. It is also available to members of academia, researchers, and certain multinational executives.
EB-2 – second preference visas are best for immigrants with advanced degrees, “exceptional ability,” or have a national interest waiver. A job offer is required from an employer if you’re eligible to apply.
EB-3 – third preference visas are for skilled workers and professionals. It is also best for unskilled workers hoping to apply for available employment opportunities. Each applicant is required to have a job offer and labor certification from an employer.
EB-4 – fourth preference visas are very different from EB-1, EB-2, and EB-3 visas. The government dedicates this category to special immigrants, like religious workers, seeking job opportunities.
EB-5 – fifth preference is for investors hoping to fund U.S. businesses and create jobs. Applicants need to meet monetary conditions to qualify.
Most preference categories do not require a job offer to apply, but a select few do. For more information, reach out to an employment-based visa lawyer in LA.
Is a Work Permit Necessary?
Work permits, also known as Employment Authorization Documents (EAD), are like driver’s licenses or regular IDs. It gets issued by the USCIS to demonstrate to employers that you have a right to work in the U.S.
Any lawyer for work visas in LA would tell you that getting caught without an EAD is considered a crime. You can face deportation and get banned from reentering for 3 – 10 years.
Do I Need To Get Sponsored By My Employer?
In most cases, yes! However, you can self-petition if you have an extraordinary ability (EB-1) or submit a national interest waiver (EB-2). Employer-sponsored options include:
Labor certifications – applicable for all jobs
EB-1B – outstanding researcher/professor for tenure or permanent faculty
Is an Employer Allowed to Only Hire Workers on Temporary Visas?
Any work visa lawyer in LA would consider this is an employer violation and discrimination. They cannot disregard your application or discriminate against hiring you if you apply for work on a permanent visa, as a refugee, asylee, U.S. national, or citizen.
What is the Labor Certification Process?
Most employment immigration cases require a labor certification from the Department of Labor. It requires your employer to prove that no qualified U.S. workers are available for the position you want.
Can Immigrants Work While Their Petition is Pending?
That depends. Before you start work, consult with your Los Angeles employment-based visa lawyer first. You might be able to if you have nonimmigrant visas like H-1B or O-1 while the labor certification or your visa petition is pending.
You can also submit Form I-765 (application for Employment Authorizations) simultaneously with Form I-485. That way, you can work while you wait.
What Happens if I Change Jobs Or Employers When the Employer-sponsored Petition is Still Pending?
If you undergo any changes during your employer-sponsored petition, you must start the process over unless it occurred over 180 days since you’ve submitted your I-485 application. Your new job should be of a similar position and occupation.
When Will My Interview Be Once I Receive an Immigration Petition Approval Notice?
Keep in mind that this is not a fast process. If you complete the petition through a U.S. Consulate, you should expect to receive an appointment between 4-10 months. If you did it in the U.S., the adjustment of status period could take up to two years.
If your family is looking to apply for employment, they can do so after filing for an adjustment of status!
About The Law Offices of Todd Becraft
At The Law Offices of Todd Becraft, our immigration attorneys recognize how overwhelming the visa, immigration, and naturalization processes can be. Each client deserves an individualized approach that pertains to their unique situation. When you choose us – you can expect a thorough analysis of your case, extensive preparation, combined with our years of experience and expertise.
If you have a legal concern in one of our immigration practice areas, call 213-388-1821 or email email@example.com to schedule a consultation!