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-3 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.
What is the National Visa Center?
Once the Immigrant Petition is approved by the USCIS, the Immigrant Petition is forwarded to the National Visa Center (NVC). The NVC performs a background check of the foreign worker, collects immigrant visa fees and documents, processes the immigrant visa application and provides instruction regarding the interview and the required medical examination. After processing is… Read More
Does the employer have to offer a full time permanent position?
Yes.
If the foreign worker owns the employer can s/he demonstrate an employer/employee relationship?
If a foreign worker owns the employer s/he may be able to demonstrate that an employer/employee relationship exists if the control of the foreign worker’s work is exercised by a board of directors, preferred shareholders, investors or others.
What are the requirements of the employment based third preference category to qualify as ‘other worker’?
The unskilled labor position requires less than 2 years training or work experience.
What are the requirements of the employment based third preference category to qualify as a ‘skilled worker’?
The position must require a minimum of 2 years training or work experience (relevant post-secondary education may be considered training) and the foreign worker must possess the training or work experience.