Published: February 3, 2023
According to the Bureau of Labor Statistics, January 2023 presents a promising employment landscape. The unemployment rate decreased to 3.4%, and the number of employed individuals rose by 517,000.
In addition, the increase in job opportunities is widespread in various industries, especially in leisure and hospitality, professional and business services, STEM services, and health care.
The improving national employment landscape also benefits noncitizens, whether immigrants or nonimmigrants. After all, they fulfill integral roles in the job market, which support local workers and the national economy in the long run. They act as indispensable links that mobilize some of the most in-demand producers and service providers today.
Aside from having many job opportunities, the US job market also offers competitive compensation and benefits. Many immigrants and nonimmigrants experienced a better life after working in America. If you want to work in United States, 2023 might be the best year to acquire an employment-based visa.
But before looking for a US-based job, learn as much as you can about employment-based visas. Listed below are ten of the most-asked questions regarding employment-based visas and the corresponding responses from our highly experienced immigration attorneys.
1. What is an employment-based visa?
An employment-based visa is a legal document issued by the US government allowing a noncitizen to enter and stay in the country after qualifying for local job positions. Every fiscal year, the USCIS issues up to 140,000 employment-based immigrant visas to eligible applicants. Before gaining access to America, applicants must present themselves to a US Customs and Border Protection (CBP) officer and acquire permission to enter.
2. What are the employment-based visas in the United States?
You can be a nonimmigrant or an immigrant worker in the United States. These are the available categories:
Nonimmigrant workers:
- CW-1
- E-1
- E-2
- E-2C
- E-3
- H-1B
- H-1C2
- H-2A
- H-2B
- H-3
- I
- L-1A
- L-1B
- O-1
- O-2
- P-1A
- P-1B
- P-2
- Q-1
- R-1
- TN
Immigrant workers:
- EB-1
- EB-2
- EB-3
- EB-4
- EB-5
Fortunately, there is a wide variety of jobs for nonimmigrants and immigrants in the US. You can find both skilled and unskilled jobs with this type of visa sponsorship. Always coordinate with experts, such as an immigration lawyer, to create insightful and well-studied decisions.
3. How long is the duration of a US work visa?
Depending on the category, US work visas can have different expiry dates. Some nonimmigrant work visas allow applicants to stay in the country for a year and have a chance to renew their visas a few more times. Please coordinate with an immigration attorney to remain guided on this matter.
Applicants should anticipate the scenario when their employment contract becomes terminated, but they intend to continue living and working within the United States.
4. How can I get a US employment-based visa?
One of the most crucial steps in acquiring a US work visa is finding an employer who will petition for you. An employment-based visa sponsorship will require your prospective employer to file the appropriate application form and have it approved by the USCIS. The prospective employer should also present a job offer detailing the position you will be working on when you enter and live in the United States.
5. Can I get a work visa without a sponsor?
Generally, gaining an employment-visa sponsorship is only possible through an employer. However, there is a way for you to gain a US employment-based visa without a sponsor. To do so, you have to “self-petition.” Note that not all employment visa categories may qualify for this process. Please thoroughly discuss this matter with an immigration attorney you trust.
6. Can I convert my tourist visa into a work visa?
Yes, you can do so. However, converting a tourist visa into a work visa can be a tricky and sensitive process. After all, the USCIS is wary of this transition because many immigrants use this process to bypass immigration laws.
To convert a tourist visa into a work visa, you should petition to adjust your status and do so before your tourist visa expires.
7. Can you apply for a green card while on a work visa?
Yes, a nonimmigrant employment-based visa holder can apply for a green card. However, take note that there is only a specific set of employment-based immigrants who may apply for a green card.
In addition, as an employment-based visa holder, you may apply for a green card without leaving the United States.
8. How long does it take to get a green card with a work visa?
Every employment-based visa, whether immigrant or nonimmigrant, has specific processing timelines. Some visa categories can take longer to prepare and accomplish than others. One possible cause of delay in processing an employment-based visa is the bulk of applicants applying for a specific category. Naturally, the USCIS would need more time to complete the application since more people are vying for a slot.
9. Can I work while my green card application is pending?
Applicants waiting for the approval of their green card can legally work within the United States. However, you should first acquire an Employment Authorization Document (EAD) to establish that you possess the authority to find and maintain gainful employment within the country. Please remember that EADs have a limited validity period.
10. Can I bring my family to the US through an employment-based visa?
Yes, specific employment-based visa categories enable visa holders to petition for their spouse, children, and other relatives. If eligible, these immediate relatives may also study and work within the United States. This rule also applies to same-sex couples and their children.
Learn More by Consulting Experts
It is impractical to solely handle immigration processes if you are not a field expert who possesses competent knowledge on this matter. Despite the free resources on employment-based visas available online, your misguided actions could lead to delays and irreversible errors. Do not risk your chances of immigration. Get in touch with professionals.
ALG Lawyers is a team of seasoned lawyers and legal personnel specializing in US immigration. Our wide array of knowledge and experience in immigration makes us more than qualified to answer your concerns involving visa applications, green cards, and more. Do not hesitate to consult us for all your immigration concerns and their corresponding legal implications.
Los Angeles Immigration Lawyers You Can Trust
The process of acquiring an employment-based visa can be intricate, whether you are planning to immigrate or not. For your best interest, always work with trustworthy partners and professionals with proven credibility. Be meticulous with whom to place your trust because choosing the right people will be fundamental to the success of your visa application. If you are residing within the area, it is ideal to work with an immigration attorney in Los Angeles.
ALG Lawyers has successfully assisted aspiring visa applicants over the years. We helped our clients make the most appropriate decisions regarding their immigration status through our consistent and responsive legal services. Our Los Angeles-based immigration law firm understands the value of trust, and we work hard to meet, if not exceed, your expectations.
(Please note that this article does not create an Attorney-Client relationship between our law firm and the reader and is provided for informational purposes only. Information in this article does not apply to all readers. Readers should not rely on this information as legal advice and should seek specific counsel from a qualified attorney based on their individual circumstances. Thank you.)