Obtaining a U.S. work permit can be a drawn-out and challenging process. It's crucial to apply for the visa that matches your particular qualifications the best. After looking into the ideal employment visa in Palm Beach County for you and securing legal assistance for your application, you have to wait if your visa will be granted or rejected.

What You Need to Know About Getting a Work Visa

How To Get an Employment Visa?

An immigrant is a foreign national who has been granted permission to reside and work in the US permanently. A multi-step process is required to earn an employment visa. First of all, an immigrant petition (application) that was submitted on your behalf, typically by an employer, must be approved by the USCIS.

A U.S. employer must complete an ETA 750 labor certification request form from the Work and Training Administration of the Department of Labor on your behalf in the majority of employment categories. Once the petition or application is received and you will then get an immigrant visa number from the State Department. This is applicable even if you're already in the country.

When a visa number becomes available, you must apply to convert your status to permanent residence if you are currently in the country. On the other hand, while you are outside of the country, you will be informed and instructed to visit the nearby U.S. consulate to finish the immigrant visa application process.

Who Qualifies for a Work Visa?

According to the Immigration Based on Employment Visas, there are five categories of employment-based immigration:

  • First Preference (EB-1 priority workers): outstanding researchers or professors, aliens with extraordinary ability, and certain multinational managers and executives;
  • Second Preference (EB-2 workers with an exceptional ability or advanced degrees): aliens who are members of the professions holding advanced degrees or their equivalent; aliens who because of their remarkable ability in the humanities, arts, or sciences will substantially benefit the educational interests or welfare, cultural, or national economy of the United States.
  • Third Preference (EB-3 skilled workers, professionals, and other workers): aliens who are professionals with a baccalaureate degree, with at least two years of experience as skilled workers, and others with less than two years' experience, such as an unskilled worker who can carry out labor for which competent workers are not available in the country.
  • Fourth Preference (EB-4 special workers such as those in a vocation or religious occupation): aliens who, for at least two years before requesting for admission to enter the country, have been a member of a religious sect that has a non-profit religious organization in the United States, and who will be working in a religious occupation or vocation at the request of the religious organization.
  • Fifth Preference (EB-5 Employment Creation): The type of visa aliens apply for the purpose of engaging in a new commercial enterprise.

How Do I Submit an Alien Worker Petition?

You must submit a USCIS Form I-140 (Petition for Alien Worker) to the USCIS Regional Service Center that covers the region in which you intend to work. The instructions for Form I-140 contain comprehensive information. For each category, different filing requirements apply.

When Can I Expect to Receive My Work Visa?

The USCIS typically takes between two and seven months to process a work permit application. The type of visa you filed for will have a significant impact on how long your work visa takes to process. However, there are longer wait times for acquiring work visas due to significant backlogs.

Apply for an Employment Visa in Palm Beach County!

If you want to apply for an employment visa, you need someone to guide you through the process. Our team at Mercer Law will help you. Call us!


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