What is the process of obtaining an immigrant visa through employment?

The process of obtaining an immigrant visa through employment involves several steps and requirements under the current laws and regulations of the United States.

1. Labor Certification: The first step is to obtain a Labor Certification from the Department of Labor (DOL) that verifies that there are no American workers available for the job and that the employment of a foreign worker will not negatively impact the wages and working conditions of American workers.
2. Petition by Employer: Once the Labor Certification is obtained, the employer must file a petition on behalf of the foreign worker with the United States Citizenship and Immigration Services (USCIS). The employer must submit various forms and documents including a job offer and evidence of the foreign worker's qualifications.
3. Priority Date: After USCIS approves the petition, the foreign worker will receive a priority date, which determines their place in line for an immigrant visa. The priority date is based on the date the petition was filed.
4. Visa Availability: The availability of immigrant visas varies based on the foreign worker's country of origin and the category of employment-based immigration. Depending on the demand for visas in a particular category, the wait time can vary from a few months to several years.
5. Consular Processing: Once a visa becomes available, the foreign worker must complete consular processing by submitting various forms and documentation to the Department of State and attending an interview at a U.S. embassy or consulate in their home country.
6. Admission to the United States: After the foreign worker receives an immigrant visa, they may enter the United States as a lawful permanent resident.

It is important to note that the process of obtaining an immigrant visa through employment can be complex and time-consuming. There are also various limitations and exceptions such as caps on the number of visas available per year, requirements for certain types of employment, and restrictions on the ability to change employers.

Individuals seeking to obtain an immigrant visa through employment should consult with an experienced immigration attorney who can evaluate their specific situation and provide guidance on the best course of action.