As an employer, finding skilled, dependable and qualified employees is one of your chief goals at all times. And one potential source of labor are foreign nationals. In many cases, highly educated and motivated workers are looking to come to the United States for work.
In order to make use of this labor pool, it’s necessary to navigate the laws and regulations governing who can enter the country and on what terms. Understanding the options for employment-based visas is crucial to hiring and working with foreign employees.
The Five Main Types of Visas
The United States offers five main types of employment-based visas. Known as EB-1, EB-2, EB3, EB4 and EB5 visas, each applies to a different class of worker.
EB-1 – Priority Workers
EB-1 visas are for workers with exceptional qualifications. This includes those with world-class skill in areas like the arts, athletics, business, education and science. Leading professors and researchers, professional athletes, business executives and managers are some of the types of workers who might qualify for an EB-1 visa. There are approximately 40,000 of this type of visa available each year in the US.
EB-2 – Professionals with Exceptional Ability or Advanced Degrees
EB-2 visas are the next tier down for workers with in-demand qualifications. While not considered quite as industry leading as those qualified for EB1 visas, EB2 visas allow for highly educated and/or skilled workers in the fields of business, science and the arts to work in the United States.
EB-3 – Professionals, Skilled Workers and Unskilled Workers
The EB-3 visa allows entry for workers who may not have the same degree of high-level education and expertise as those who qualify for an EB1 or EB2 visa. This includes workers who have earned the equivalent of a bachelor’s degree, those with at least two years of work experience in their field, and temporary and seasonal workers.
EB-4 – Certain Special Immigrants
The EB-4 visa exists as a catch-all allowing for certain types of special immigrants to enter the country. This includes:
- Ministers of religion and some religious workers,
- some former employees in the Panama Canal area,
- Iraqi and Afghan nationals who provided valuable service or translation,
- some spouses and children of NATO workers, and
- some former employees of the US government abroad
EB-4 – Immigrant Investors
The final visa category applies to foreign capital investors. These investors must be investing in new US commercial enterprises that lead to job creation.
The Application Process
In order to work in the United States as a foreign national, the applicant must go through the process of obtaining their visa. This consists of a number of steps, some of which may take a considerable amount of time to resolve.
The first step is the employer getting a certification from the Department of Labor verifying that the applicant is a valid worker. Once that certification has been obtained, the employer must file an Immigrant Petition for Alien Worker with the USCIS (US Citizenship and Immigration Services).
Once the USCIS grants the petition, the case will be transferred to the NVC (National Visa Center). When the case becomes active, the applicant will need to fill out the proper documentation and pay associated fees. The NVC will then request additional documentation to resolve the process.
Assuming everything checks out, the NVC will schedule a visa interview. A consular officer will meet with the applicant and determine whether that applicant is eligible for a visa. This will involve verifying certain details, including medical and vaccination status. If everything checks out once again, the applicant will receive their visa and may enter the country to work.
short url:
