The issuance of an immigrant visa requires processing by the USCIS, NVC and United States embassy or consulate. The Immigration and Nationality Act (INA) limits the number of employment based immigrant visas that are issued each year based on the EB preference category. Each preference category is assigned a number of immigrant visas. In addition,… Read More
EB-2 Visa
Why would the United States embassy or consulate deny an employment (immigrant) visa?
The United States embassy or consulate might deny the immigrant visa for a variety of reasons. From an administrative perspective, immigrant visas can be denied for failing to present requested documents, a divorce decree for example; or incorrectly completing documents.
How is an employment (immigrant) visa processed by the United States embassy or consulate?
At the interview, the consular officer will verify that all required documentation has been provided. Second, and more importantly, the consular officer may question the foreign worker in detail with respect to the specifics of the position and the U.S. company. Assuming that the consular officer is satisfied, the immigrant visa application is approved and… Read More
What are the requirements for issuance of an employment (immigrant) visa?
An approved Immigrant Petition and continued offer of full time, permanent employment. The foreign worker is not inadmissible because of medical, criminal or other reasons.
What is an employment (immigrant) visa?
An immigrant visa is issued by the United States embassy or consulate in the foreign worker’s home country. An immigrant visa allows the foreign worker to legally enter and live permanently in the United States.
Does the employer have to offer a full time permanent position?
Yes.
How long is the Immigrant Petition valid for after approval?
The Immigrant Petition is valid unless withdrawn by the U.S. employer or revoked by the USCIS.
How long does it take the USCIS to process an Immigrant Petition?
After the Immigrant Petition is filed, the USCIS will issue a receipt notice. After reviewing the Immigrant Petition, if all the conditions and specifications are met, the USCIS will issue an approval notice. Currently, the approval process for an H-1B petition is 4 months from filing. The Immigrant Petition may be filed along with a… Read More
What is the government filing fee for an Immigrant Petition?
At present, the filing fee is $580. We have provided a complete list of fees applicable to the employment (immigrant) visa process on our employment (immigrant) visa fees page.
When can the U.S. employer file an Immigrant Petition?
If the employment based preference category requires a certified labor certification application, then this must be obtained before the Immigrant Petition can be filed.