Employment visas issued in Wheaton may be either temporary with a finite expiration or non-temporary which allows the holder to work legally in the United States for an indefinite time. Non-temporary employment visas are often referred to as employment-based immigrant visas or simply “E” visas.
The U.S. issues only about 140,000 work-based immigrant visas each fiscal year. Not surprisingly, competition for Wheaton non-temporary employment visas is intense. Applicants who are able to demonstrate the greatest level of skill, education, and achievement stand a better chance of receiving a visa, so workers often find it helpful to work with an experienced immigration lawyer who could help them prepare an application that complies with legal requirements and shows off their greatest assets.
For most applicants, the U.S. government requires completion of two prerequisites before a worker may apply for a Wheaton non-temporary employment visa. In these cases, the worker must have a prospective employer prepared to undertake the necessary steps.
First, the employer must receive labor certification approval from the U.S. Department of Labor. After obtaining this approval, then the employer must file a Form I-140, Immigrant Petition for Alien Worker with U.S. Citizenship and Immigration Services (USCIS). Once USCIS has approved the petition, then the worker may file a visa application.
The U.S. government issues five primary types of permanent employment-based E visas, labeled E1 through E5. These categories are ranked in priority, so workers who qualify for higher category non-temporary employment visas in Wheaton are more likely to receive a visa sooner than workers applying in lower priority categories.
The highest priority non-temporary employment visa category is divided into three sub-categories. “Persons with extraordinary ability” are those who have achieved such acclaim in the fields of arts, athletics, business, education, or science that they do not need to have a job offer in the U.S. to obtain a visa. They must, however, be entering the U.S. to continue working in the field in which they have demonstrated extraordinary ability.
“Outstanding professors and researchers” could qualify for an E1 visa if they have at least three years of experience and international recognition. They must be coming to the U.S. to pursue a research position offered by an educational institution. “Multinational managers or executives” may receive an E1 visa if they have worked for a company affiliated with a U.S. employer for one of the last three years in an executive or managerial capacity.
The second preference category of Wheaton non-temporary employment visas is for professionals with advanced degrees and individuals with “exceptional ability” in the fields of the arts, business, or science. Someone with the equivalent of a bachelor’s degree could qualify if he or she has at least five years of experience in the field. Workers in this category must have a job offer.
Professionals, skilled workers, and unskilled workers who do not qualify for E1 or E2 visas may receive an E3 visa if they have a job offer from an employer who has received labor certification. To receive this certification, an employer must demonstrate that there are not enough American workers in the area willing and able to perform the type of job being offered.
The fourth preference category of non-temporary employment visas provides opportunities for a few individuals in unique circumstances. For instance, certain former employees of the Panama Canal Company or individuals recruited overseas to serve in the U.S. military may receive an E4 visa.
The final non-temporary employment visa category may be thought of as one for employers rather than employees. E5 visas are often referred to as investor visas because this category provides visas for those who invest in new commercial enterprises to provide jobs in the U.S.
Employment-based immigrant visas could open a wealth of opportunities in the U.S. For that reason, they are highly-sought.
Workers seeking Wheaton non-temporary employment visas are advised to ensure that they follow all application procedures carefully and demonstrate qualifications thoroughly. An experienced visa lawyer could assist with the process.
