Employment Authorization

Employment Authorization Q&As

1. What is employment-based immigration?
   Employment-based immigration allows foreign nationals to gain U.S. visas or green cards through a job offer or employment opportunity.
2. What are the different categories of employment-based visas?
   There are five main types: EB-1 for priority workers, EB-2 for those with advanced degrees or exceptional ability, EB-3 for skilled and other workers, EB-4 for special immigrants, and EB-5 for investors.
3. How does the H-1B visa work?
   The H-1B is a temporary visa allowing U.S. employers to hire foreign professionals in specialized fields that typically require a bachelor’s degree or higher.
4. What is the process for obtaining an employment-based green card?
   Generally, the employer petitions USCIS, obtains labor certification, and the worker applies for a green card or adjusts their status to permanent residency.
5. Can I apply for an employment-based visa on my own, or does my employer need to sponsor me?
   Most employment visas require employer sponsorship; employers petition USCIS on behalf of the worker.
6. What is the EB-5 Investor Visa program?
   The EB-5 program grants a green card to foreign investors who invest substantial capital in a U.S. business, creating jobs for Americans.
7. How long does it take to process an employment-based visa or green card?
   Processing varies by visa type, country, and USCIS workload, ranging from months to years.
8. What are the requirements for an L-1 visa for intra-company transferees?
   The L-1 is for employees transferred to a U.S. branch, requiring at least one year with the company abroad in an executive, managerial, or specialized knowledge role.
9. Can my family accompany me if I receive an employment-based visa or green card?
   Yes, spouses and children under 21 may qualify to join the principal applicant as dependents.
10. Are there any annual limits on employment-based visas?
    Yes, most employment visas have annual limits, which vary by category and applicant’s country.
11. What is the difference between a non-immigrant work visa and an employment-based green card?
    A non-immigrant visa, like the H-1B, provides temporary work authorization, while an employment-based green card allows permanent residency.
12. How can an employment-based immigration attorney help me?
    An experienced attorney helps you determine the best visa option, guides you through the process, ensures compliance, and represents you if legal issues arise.