Virginia Employment Immigration Attorney
Visas for Foreign Nationals Coming to Work in the U.S.
The Immigration and Nationality Act (INA) places a lower priority on employment-based
immigration than it does on
family immigration. While the U.S. immigration system is generally favorable toward allowing
loved ones to reunite, there is greater resistance to immigration that
could deprive U.S. workers of jobs available in this country. Comparisons
of immigrant visa data reflect this prioritization.
Whereas the INA provides up to 480,000 visas per year for the purposes
of reuniting family members who have been separated by immigration to
the United States, only slightly more than one-third of this allotment
is allocated for employment-based immigration.
The 140,000 available employment visas are divided up into five categories:
Nearly 120,000 of the available employment immigration visas are reserved
for the first three categories, with each one receiving 28.6 percent of
the total number. The fourth category receives 7.1 percent, with the remainder
going to the immigrant investor category.
In most cases of employment-based visa petitions, the employer who is sponsoring
the immigrant applicant is the person who initiates the application process
by sponsoring the applicant and obtaining labor certification from the
Department of Labor. Obtaining labor certification involves proving that
the employment position cannot reasonably be filled by hiring from the
local labor market, and it is a requirement that serves to protect U.S.
workers from losing jobs to foreign nationals.
Once labor certification has been secured, the employer can then fill out
a Form I-140, Immigrant Petition for Foreign Worker, which is then submitted
to U.S. Citizenship and Immigration Services. After this has been approved,
the prospective immigrant takes the next step by applying for a visa at
the U.S. Embassy or Consulate in his or her home country. Employment visas
are in such high demand that the allotted yearly quota is often exceeded.
Spillover applications are each assigned a priority date, and the applicants
then each given a visa in chronological order as the visas become available.
Speak with a Fairfax Employment Immigration Lawyer
At Fayad Law, P.C., we understand how important it is for you to achieve
a swift and efficient resolution to your immigration case, and whether
you are an employer seeking to fill an important position or a worker
hoping to come to the United States, our Virginia immigration lawyers
are ready to help you. We can assist parties from around the world with
the preparation of petitions and other paperwork, in addition to expediting
cases and representing clients when meeting with immigration authorities.
If you are in the U.S., you can meet with us at one of our offices in
Fairfax or Richmond, Virginia, and Raleigh, North Carolina. Contact our
firm now for an initial consultation and to begin the process!