Who may file an employment-based immigrant visa petition varies, depending on the category to which the immigrant employee belongs. Investors who qualify for the employment creation category, persons who qualify for the special immigrants category, and priority workers with “extraordinary abilities” may self-petition. Most other employment-based immigrant visa petitions must be filed by the immigrant’s employer. Employer-filed employment-based immigrant visa petitions typically require either labor certification from the U.S. Department of Labor, or documentation to prove the immigrant’s qualifications for a particular job, or both.
Employers who must obtain labor certification must do so before the visa petition (Form I-140) is reviewed by the USCIS. To obtain labor certification, employers must file Form ETA-750 with the state job service office authorized to act on behalf of the U.S. Department of Labor. The labor certification must include a statement from the immigrant which details her qualifications as well as evidence that the employer satisfied many, often complicated, requirements related to the employer’s efforts to hire a U.S. employee.
Obtaining an employment-based immigrant visa involves more than completing and filing a simple application. There are numerous types of employment-based visas from which to choose, and each involves unique issues and disclosure requirements. Choosing an inappropriate category, or failing to provide the necessary disclosures, will result in rejection and costly time delays for both the employer and the employee. If you have questions about employment-based immigration visas, you must consult with an attorney who is familiar with the different types of employment-based immigrant visas. Such an immigration attorney will provide you with accurate information and make this complex process move smoothly and efficiently.
