How To Apply for Permanent Work Visa USA

Apply for Permanent Work Visa USA – Are you thinking about starting a career in the United States? Maybe you’re from another country and want to work in the land of opportunities? If that’s the case, you might have heard about the Permanent Work Visa USA, which can help you make your American dream come true.

In this detailed guide, we’ll explain how to get a Permanent Work Visa USA. We’ll give you all the important information you need to understand the complicated world of immigration.

We’ll cover everything, from the different types of permanent work visas to how to apply for one and the requirements you need to meet.

So, let’s get started without any delay!

What is a Permanent Work Visa USA

A Permanent Work Visa in USA typically refers to an employment-based immigrant visa that allows foreign nationals to live and work in the United States on a permanent basis. These visas are also known as employment-based green cards because they often lead to lawful permanent residency, which is indicated by a green card.

It is called a “permanent” visa because it doesn’t have a fixed expiration date, unlike many other types of non-immigrant visas that are temporary and must be renewed periodically. Obtaining a Permanent Work Visa signifies a significant milestone for foreign nationals who wish to establish a long-term presence in the United States for employment or family reunification purposes.

Types Of Permanent Work Visa USA

Obtaining a Permanent Work Visa USA is a dream for many foreign nationals seeking long-term employment opportunities in the United States. These visas grant foreign workers the right to live and work permanently in the U.S., opening doors to countless opportunities and a stable future.

We will explore various types of Permanent Work Visas available in USA, providing valuable insights for those eager to embark on this journey.

1.   EB-1 Visa Category:

The EB-1 visa, often referred to as the “Priority Workers Visa,” is reserved for individuals with exceptional abilities in their respective fields. This category includes:

• EB-1A: For individuals with extraordinary abilities in science, arts, education, business, or athletics.
• EB-1B: For outstanding professors and researchers.
• EB-1C: For multinational managers and executives transferring to a U.S. office.

2.   EB-2 Visa Category:

The EB-2 visa category is designed for foreign nationals with advanced degrees or exceptional abilities. It comprises:

• EB-2A: Individuals with advanced degrees or exceptional abilities.
• EB-2B: Foreign nationals with exceptional abilities in the arts, sciences, or business.

3.   EB-3 Visa Category:

The EB-3 visa category is tailored for skilled workers, professionals, and unskilled workers. These include:

• EB-3A: Skilled workers with at least two years of experience.
• EB-3B: Professionals with a U.S. bachelor’s degree or its foreign equivalent.
• EB-3C: Unskilled workers with less than two years of experience.

4.   EB-4 Visa Category:

The EB-4 visa category is reserved for special immigrants, including:

• Religious workers.
• Certain employees of U.S. foreign service posts.
• Iraqi and Afghan interpreters or translators.
• Certain international broadcasters.

5.   EB-5 Visa Category:

The EB-5 Immigrant Investor Program is designed for investors willing to invest a significant amount of capital in a new commercial enterprise. This visa category offers a direct path to obtaining permanent residency for the investor, their spouse, and their unmarried children under 21.

6.   Family-Based Visas:

While not work-based, family-sponsored visas play a significant role in obtaining permanent residency. U.S. citizens and permanent residents can sponsor immediate family members, including spouses, children, parents, and siblings. These family-sponsored visas can eventually lead to permanent work authorization in USA.

7.   Diversity Visa (DV) Lottery:

The Diversity Visa Lottery, also known as the Green Card Lottery, provides a unique opportunity for nationals of countries with low rates of immigration to the U.S. It awards 55,000 visas annually through a random selection process, granting winners and their eligible family members the chance to obtain permanent work visas in USA.

Requirements To Apply For Permanent Work Visa USA

Obtaining a Permanent Work Visa (also known as an employment-based immigrant visa) in the United States can be a complex process with several different categories and requirements.

1.   Labor Certification (PERM):

In most cases, your prospective employer must obtain a labor certification from the U.S. Department of Labor (DOL) before filing an employment-based immigrant petition on your behalf. This process typically involves demonstrating that there are no qualified U.S. workers available to fill the position.

2.   Job Offer:

You must have a job offer from a U.S. employer who is willing to sponsor your permanent residency.

3.   Visa Petition:

Once the labor certification is approved (if required), your employer will file a Form I-140, Immigrant Petition for Alien Worker, on your behalf with U.S. Citizenship and Immigration Services (USCIS).

4.   Visa Availability:

Your eligibility for a permanent work visa depends on visa availability within your specific preference category. Some categories may have backlogs, while others may be current, meaning visas are immediately available.

5.   Adjustment of Status or Consular Processing:

After USCIS approves your I-140 petition and a visa number becomes available, you will either adjust your status to that of a permanent resident if you are already in the U.S., or go through consular processing if you are outside the U.S.

6.   Medical Examination and Criminal Background Check:

You will need to undergo a medical examination by an approved panel physician and undergo a criminal background check as part of the immigration process.

7.   Affidavit of Support:

You may need to provide evidence that you will not become a public charge, which often involves a financial affidavit of support from your employer or a sponsor.

8.   Visa Application and Interview:

If you are outside the U.S., you will need to apply for an immigrant visa at a U.S. embassy or consulate and attend an interview.

9.   Green Card Issuance:

Once your visa is approved, you will be issued a green card, which grants you permanent resident status in the United States.

Documents Required When Applying For Permanent Work Visa USA

Applying for a permanent work visa in USA typically involves several steps and requires specific documents depending on the type of visa you are applying for. They are:

1.   Form I-140, Immigrant Petition for Alien Worker:

This form is filed by your prospective employer, and it serves as the primary application for most employment-based green cards.

2.   Labor Certification (PERM):

In most cases, your employer will need to obtain a labor certification from the Department of Labor before filing Form I-140.

3.   Supporting Documentation:

You and your employer will need to provide various documents, including your educational credentials, proof of work experience, letters of recommendation, and evidence of the employer’s ability to pay your wage.

4.   Form I-485, Application to Register Permanent Residence or Adjust Status:

If you are already in the United States, you may file Form I-485 concurrently with the Form I-140.

5.   Visa Bulletin:

Keep track of the Visa Bulletin to check the availability of visas in your category. The priority date (the date USCIS receives your Form I-140) must be current to proceed with the green card application.

6.   Medical Examination:

You will need to undergo a medical examination by a USCIS-approved doctor and submit Form I-693, Report of Medical Examination and Vaccination Record.

7.   Affidavit of Support:

If required, your sponsor or employer may need to submit an Affidavit of Support (Form I-864) to demonstrate that you will not become a public charge.

8.   Passport Photos:

Typically, you will need to submit passport-sized photos with your application.

9.   Fees:

You will need to pay the appropriate filing fees, which can vary depending on the specific visa category and whether you are adjusting status from within the U.S. or applying from abroad.

10.                Biometrics:

USCIS may require you to attend a biometrics appointment to provide fingerprints, photographs, and a signature.

11.                Police Clearance Certificates:

You may be required to provide police clearance certificates from your home country and any other country where you have lived for an extended period.

12.                Form I-864EZ or I-864W:

If you are applying based on employment and have a qualifying relative in the U.S. who can provide financial support, you may need to submit one of these forms in lieu of the I-864.

13.                Other Supporting Documents:

Depending on your specific case, USCIS may request additional documents to establish eligibility or address any concerns.

How to Apply for Permanent Work Visa in USA

Obtaining a Permanent Work Visa in USA is a significant step toward building a long-term career in the country. The process can be complex and time-consuming, but with the right guidance and understanding of the requirements, you can successfully navigate the application process.

We will walk you through the steps and key information you need to know to apply for a Permanent Work Visa in USA.

1.   Determine Your Eligibility

Before applying for a Permanent Work Visa in USA, it’s crucial to determine which category best suits your qualifications and employment situation. Carefully review the eligibility requirements for the specific visa category you are interested in to ensure you meet the criteria.

2.   Secure a Job Offer

To apply for most Permanent Work Visas, you must first secure a job offer from a U.S. employer. Your prospective employer will typically initiate the process by filing a petition on your behalf with U.S. Citizenship and Immigration Services (USCIS). They may also need to obtain a labor certification from the Department of Labor (DOL) in some cases.

3.   File Form I-140

Once your employer’s petition is approved by USCIS, you will need to file Form I-140, Immigrant Petition for Alien Worker. This form establishes your eligibility for the Permanent Work Visa based on your job category and qualifications. Be prepared to provide extensive documentation to support your application, including educational credentials, work experience, and evidence of your qualifications.

4.   Wait for Visa Bulletin Updates

The U.S. government issues a Visa Bulletin every month, which indicates the availability of visas in each category. Depending on your visa category and your country of birth, there may be a backlog, and you may have to wait for a visa number to become available. The Visa Bulletin is a critical resource to track the progress of your visa application.

5.   Apply for an Adjustment of Status or Consular Processing

Once a visa number becomes available, you can proceed with either an Adjustment of Status (if you are already in the U.S. on a nonimmigrant visa) or Consular Processing (if you are outside the U.S.). Adjustment of Status involves filing Form I-485, Application to Register Permanent Residence or Adjust Status. Consular Processing entails attending an interview at a U.S. embassy or consulate in your home country.

6.   Attend a Visa Interview

If you are applying through Consular Processing, you will be required to attend an interview at a U.S. embassy or consulate. During this interview, a consular officer will review your application and ask questions about your background, employment, and ties to your home country.

7.   Wait for Visa Approval

After a successful interview and the completion of any required medical exams and background checks, you will receive a decision on your Permanent Work Visa application. If approved, you will be granted a visa to enter the United States as a permanent resident.

8.   Pay the Visa Fee and USCIS Fee

There are fees associated with the visa application process, including a visa fee and a USCIS processing fee. Make sure to pay these fees in accordance with the instructions provided by the U.S. government.

9.   Prepare for Your Move

Once your Permanent Work Visa is approved, you can make plans to move to the United States. This may include finding housing, arranging for healthcare coverage, and preparing for your new job.

10.                Maintain Permanent Resident Status

After you arrive in the U.S. and receive your Permanent Work Visa, it’s essential to understand your responsibilities as a permanent resident. You must comply with U.S. immigration laws, file taxes, and renew your green card as required to maintain your permanent resident status.

Frequently Asked Questions

1.   How can I apply for a Permanent Work Visa?

To apply for a Permanent Work Visa, you generally need a U.S. employer to sponsor you. The employer must file a petition on your behalf with U.S. Citizenship and Immigration Services (USCIS). Once the petition is approved, you can apply for an immigrant visa at a U.S. embassy or consulate in your home country.

2.   What is the process for obtaining a Permanent Work Visa?

The process for obtaining a Permanent Work Visa typically involves the following steps:

• Employer sponsorship and filing of a petition.
• Approval of the petition by USCIS.
• Visa number availability (priority date becomes current).
• Application for an immigrant visa or adjustment of status.
• Attend an interview, if required.
• Receive a visa or adjustment of status approval.
• Enter the United States as a permanent resident.

3.   Is there a cap on the number of Permanent Work Visas issued each year?

Yes, there are annual numerical limits (visa caps) on certain categories of Permanent Work Visas, such as the EB-1, EB-2, and EB-3 categories. These limits can result in waiting periods for visa numbers to become available.

4.   Can family members accompany me on a Permanent Work Visa?

Yes, in most cases, the spouse and unmarried children under 21 of the primary visa holder can accompany them to the United States on derivative visas. They can typically apply for green cards as well.

5.   Can I change jobs after obtaining a Permanent Work Visa?

Generally, Permanent Work Visas are tied to the sponsoring employer and job position. However, in certain cases, you can change jobs if the new job is in a similar occupation and the sponsoring employer withdraws their petition or it has been approved for 180 days or more.

6.   Can Permanent Work Visa holders become U.S. citizens?

Yes, Permanent Work Visa holders (green card holders) can apply for U.S. citizenship after meeting certain eligibility requirements, such as maintaining continuous residence and physical presence in the United States and demonstrating good moral character.

Conclusion

Applying for a Permanent Work Visa in USA can be a challenging and time-consuming process, but with the right guidance and preparation, it is achievable. Understanding the visa categories, eligibility criteria, and application steps is crucial.

It’s important to note that the requirements and documentation can vary depending on your specific visa category, so it’s crucial to consult the USCIS website and potentially seek legal counsel to ensure you have all the necessary documents and meet the requirements for your particular situation. USCIS provides detailed instructions and forms on their website to assist applicants.

Remember to stay informed about any updates in immigration laws and regulations, and seek legal advice or assistance if needed. Obtaining a Permanent Work Visa can open doors to a promising future in the United States and contribute to your long-term career goals.