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What is an employment based visa?

Families with immigrant relatives living in Pennsylvania may be interested in learning more obtaining employment-based visas. Some of these visas allow children and spouses to follow-to-join or accompany employment-based immigrants. Each year, about 140,000 employment-based visas are made available to immigrants who are qualified applicants. In order to be considered for the visa, a prospective employer must receive the Department of Labor's approval for labor certification.

After the employer receives approval, they may be required to file Form I-140, Immigrant Petition for Alien Worker, under the employment-based preference category that is appropriate. Employers are to file the necessary documentation with the U.S. Citizenship and Immigration Services. Employers of priority worker subgroups do not need to obtain the labor certifications from the USCIS. These workers account for more than 28 percent of the employment-based visas distributed each year.

The three subgroups of employment first preference priority workers includes multinational executives and managers, outstanding researchers and professors, and other people with an extraordinary ability. People with extraordinary abilities may include those involved in athletics, business, education, arts and the sciences. These individuals are required to possess documentation proving they are internationally and nationally recognized for their expertise. Researchers and professors are to have at least three years of experience and must be recognized internationally. Multinational executives and managers are required to have been employed in an overseas position by a U.S. employer for at least three years.

Immigrants or relatives who need more information about obtaining employment-based visas might benefit from contacting a lawyer. Legal counsel might be able to help immigrant workers gather the necessary documentation to ensure that application process may be properly completed. People who need assistance with other aspects of employment immigration law might also benefit from confiding in a lawyer.

Source: Bureau of consular affairs , "Employment-Based Immigrant Visa", January 06, 2015

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