What Are Permanent Worker Visas?
What is a Permanent Worker Visa? Simply put, it’s a document that lets an immigrant work and live in the US. The employment-based green cards come in five different types. You must have the skills or produce benefits to be eligible for each one.
For instance, the first four categories are given based on the skills you bring as an employee. To get some of these, you must have a US employer sponsor. For others, a demonstration of specialized training/extraordinary abilities is enough. On the flip side is the EB-5 green card. Investors who can create jobs for Americans by spending $500,000-$1 million can apply for that one.
The thing to know about permanent worker visas is the type that applies to you best. Not knowing that can cause wastage of your money and time. And that’s where we come in. Eric Price and team will clarify which visa works best in your case. So, contact them before sending in your application for the wrong one!
To qualify for Work Visa to Permanent Resident US, you must satisfy set criteria. As mentioned, three classes require employer sponsors. What’s more, you need a DOL certification to become eligible for two out of those. The said certification ensures the US authorities on certain matters. Those include:
- No American workers were skilled enough to occupy the post you are applying for
- Or, that no US residents are available for the said job
- When they hire you, they won’t be affecting the well-being of similarly employed US workers
Types of Permanent Worker Visas
The USCIS defines five classes of Work Permit for Permanent Resident. Since 140,000 are granted annually, you’d best send in a proper application to get one of them. With a visa lawyer skilled in these matters, you can maximize your chances of success.
Details about the five types follow:
The eb-1 visa is for immigrants who either present extraordinary ability in the fields of athletics, sciences, education, or arts. Or, they’re given to outstanding researchers and multinational executives.
To get an eb-2 visa, you’d need an advanced degree or exceptional ability in the field of arts/sciences/business. In addition to that, your labor certification should state that you have a standing job offer.
For an eb-3 visa, professionals, skilled workers – unavailable in the US – and a labor certification are necessary.
The eb-4 visa is for special immigrants. You may be eligible for one if you hold a Foreign Service post for the US, are a religious worker, or worked for the UN or some similar international organization.
Eb-5 visa is for business investors, as mentioned above. Spend $1,000,000 or more and employ 10 or more US workers on full-time jobs, and you’ll be eligible for this class.
Permanent Worker Visa Application
The application process permanent residency can vary based on your location. Those in the US can file from within and start Adjustment of Status. Those without will do reach out to a local US embassy/consulate to begin consular processing. Moreover, either you or the employer sponsor will file a petition with the USCIS – depending on the visa class. Here’s what happens:
- Petition, i.e., Form I-140, filing
- Wait for USCIS review and approval
- If you clear #2, you send in Form I-485 (those within the United States) or Form DS-260 (those elsewhere)
- The USCIS (for those in the US) gives you the go-ahead for biometrics. Complete that to qualify for an interview
The Consulate asks you in for an interview, medical exam, and biometrics
- Show up and clear the interview
- Get your green card (AOS) or wait for the USCIS to mail you your passport (Consular Processing). In the latter case, use your passport to arrive in the US. Then, like in the case of AOS applicants, wait for them to mail your green card to you.
Permanent Worker Visa Processing Time
Those who wait for an employment-based green card might experience different processing times. That’s because their visa class has an effect on the duration. Mostly, though, it takes less than a year to receive one. Even so, the higher preference level you claim – EB-1 as opposed to the other categories – the shorter your wait time can be. In other words, EB-1 applicants will receive their visas with the shortest wait times. Then EB-2, EB-3, and so on.
Permanent Worker Visa Cost
Prepare to pay the following:
- $535.00 for Petition/Form I-130
- $345 since yours is a permanent worker visa class
- $120 for Affidavit of Support as evidence that they’ll be looking after you financially until you settle down. Usually, your employer sponsor pays that.
What Happens If My Worker Visa Application Is Denied?
It is possible that the USCIS will find you ineligible for a visa. Should that happen, you may reapply. But the procedure and requirements to do so will vary in each case. That’s because what you must do will depend on the reason USCIS states for ineligibility. For instance, those who get a 221(g) as the reason for ineligibility can submit the missing documents. However, others would have to submit new fees and application to begin the process anew. That can happen if you choose a wrong permit class or are simply ineligible for a worker visa.
Similarly, if it’s an error under section 214(b), the authorities require more convincing. Should you have new, significant evidence or change in your circumstances, that’s what you let them know. In most cases, you can reapply.
Contact Attorney Eric Price Today!
A Permanent Resident Work Permit is best applied for under the guidance of a specialist on the subject. Eric Price and team are the professionals you need in your corner. Minimize the chances of reapplication and repayment of application fees with their expertise. Don’t know which permit works in your case? Then, simply email us for guidance!