which type of visa can be granted to highly skilled workers? course hero

by Antonette Runolfsdottir 6 min read

What types of immigrant visas do skilled workers receive?

Skilled Workers, Professionals, and Unskilled Workers (Other Workers) receive 28.6 percent of the yearly worldwide limit of employment-based immigrant visas, plus any unused visas from the Employment First Preference and Second Preference categories. There are three subgroups within this category:

What is a work visa and why do you need one?

What's a U.S. work visa and why do you need one? A visa is a document that provides authorization for travel to and admittance to the United States. Before visiting, working, or immigrating to the U.S., generally a citizen of a foreign country must first obtain a U.S. visa. 1 

What is a skilled worker visa for the UK?

A Skilled Worker visa allows you to come to or stay in the UK to do an eligible job with an approved employer. This visa has replaced the Tier 2 (General) work visa.

What type of work visa do you need to work abroad?

A specific visa based on the type of work. This is for academic studies (F-1) or non-academic/vocational studies. and spouses and children. involving immediate and continuous transit through the U.S. en route to a foreign destination, and for crew members onboard sea vessels and aircraft.

Overview

A Skilled Worker visa allows you to come to or stay in the UK to do an eligible job with an approved employer. This visa has replaced the Tier 2 (G...

Your job

You must meet all of the following requirements to be eligible for a Skilled Worker visa: your job is eligible for this visa you’ll be working for...

When you can be paid less

You might still be able to apply for a Skilled Worker visa if your job is eligible but your salary is less than £25,600 or your job’s usual ‘going...

If you work in healthcare or education

There are different salary rules if you work in some healthcare or education jobs. Your salary must be at least £20,480 - or more if your job’s ‘go...

Knowledge of English

You’ll usually need to prove your knowledge of the English language when you apply, unless you did this in a previous successful visa application....

How much it costs

When you apply for a Skilled Worker visa, you’ll need to have enough money to: pay the application fee - the standard fee ranges from £625 to £1,42...

Documents you'll need to apply

When you apply you’ll need to provide: your certificate of sponsorship reference number - your employer will give you this proof of your knowledge...

Apply from outside the UK

You must apply online for a Skilled Worker visa. Check which documents you’ll need to apply. Your partner or children will need to apply separately...

Your partner and children

Your partner and children can apply to join you or to stay in the UK as your ‘dependants’ if they’re eligible. If their application is successful,...

Extend your visa

You can usually apply to extend a Skilled Worker visa or a Tier 2 (General) work visa if all of the following are true: you have the same job as wh...

What is a work visa?

What's a U.S. work visa and why do you need one? A visa is a document that provides authorization for travel to and admittance to the United States. Before visiting, working, or immigrating to the U.S., generally a citizen of a foreign country must first obtain a U.S. visa. 1 .

What is a visa for employment?

The visa provides entry to the U.S. and , depending on the type of visa obtained, may provide authorization for employment in the U.S.

Can you review employment authorization documents?

You can review information on Employment Authorization Documents and how to acquire, renew, or replace them.

How to apply for an immigrant visa?

To be considered for an immigrant visa under some of the employment-based categories below, the applicant's prospective employer or agent must first obtain a labor certification approval from the Department of Labor. Once received (if required), the employer then files an Immigrant Petition for Alien Worker, Form I-140, with the U.S. Citizenship and Immigration Services (USCIS) for the appropriate employment-based preference category. (NOTE: Persons with extraordinary abilities in the Employment First preference category are able to file their own petitions.) When filing the Immigrant Petition for Alien Worker, Form I-140, see the detailed form instructions, as well as more detailed requirements information on the USCIS Permanent Workers webpage.

How long does it take to become a skilled worker?

Skilled workers are persons whose jobs require a minimum of 2 years training or work experience that are not temporary or seasonal.

What is the third preference for immigrants?

A Third Preference applicant must have an approved Immigrant Petition for Alien Worker, Form I-140, filed by the prospective employer. All such workers generally require labor certification approved by the Department of Labor. Skilled Workers, Professionals, and Unskilled Workers (Other Workers) receive 28.6 percent of the yearly worldwide limit of employment-based immigrant visas, plus any unused visas from the Employment First Preference and Second Preference categories.

Why do immigration cases take so long?

Employment based immigrant visa cases take additional time because they are in numerically limited visa categories. The length of time varies from case to case and cannot be predicted for individual cases with any accuracy. Some cases are delayed because applicants do not follow instructions carefully. Some visa applications require further administrative processing, which takes additional time after the consular officer interviews the applicant.

How long do you have to wait to get an immigration visa?

Immigrant visas cannot be issued until an applicant's priority date is reached. In certain heavily oversubscribed categories, there may be a waiting period of several years before a priority date is reached. Check the Visa Bulletin for the latest priority dates.

Where does the NVC send the visa application?

NVC then sends the file, containing the applicant’s petition and the documents listed above, to the U.S. Embassy or Consulate where the applicant will be interviewed for a visa. The applicant, attorney, and third-party agent, if applicable, will receive appointment emails, or letters (if no email address is available), containing the date and time of the applicant's visa interview along with instructions, including guidance for obtaining a medical examination.

What is the second preference for a job?

A Second Preference applicant must generally have a labor certification approved by the Department of Labor. A job offer is required and the U.S. employer must file an Immigrant Petition for Alien Worker, Form I-140, on behalf of the applicant.

What is a nonimmigrant visa?

Nonimmigrant U.S. work visas are visas that grant a foreign national the right to temporarily visit the United States. A foreign national who enters the U.S. in nonimmigrant status is restricted to the activity or reason for which they were allowed entry.

What is an O-1 visa?

The O-1 is a U.S. work visa type that enables U.S. employers to recruit foreign nationals with certain extraordinary abilities. The O-1A visa includes individuals with an extraordinary ability in the sciences, education, business, or athletics. And the O-1B visa covers individuals with an extraordinary ability in the arts or ...

What is an EAD in USCIS?

Commonly referred to as an EAD or work permit, this document is proof of employment authorization.

What is proof of employment authorization?

Proof of employment authorization is the green card. Immigrant visas always come with permission to work. Therefore, anyone granted a green card has many employment options. There are certain green cards granted for employment-based reasons.

What is a Perm certification?

The permanent labor certification program (commonly known as PERM) verifies that there are not sufficient U.S. workers able, willing, qualified and available to accept the job opportunity in the area of intended employment and that employment of the foreign worker will not adversely affect the wages and working conditions of similarly employed U.S. workers. allows an employer to hire a foreign worker to work permanently in the United States. In most instances, before the U.S. employer can submit an immigration petition to the Department of Homeland Security’s U.S. Citizenship and Immigration Services (USCIS), the employer must obtain a certified labor certification application from the DOL’s Employment and Training Administration (ETA).

Can a nonimmigrant work visa be used for permanent residency?

There are also a variety of nonimmigrant visas designed for employment purposes. These U.S. work visas grant temporary work authorization and are not connected to permanent residency. There are typically several restrictions put on type of employment, specific employers and the length of time one can be employed.

Is it illegal to employ someone whose employment authorization has expired?

It is illegal for U.S. businesses to knowingly employ someone whose employment authorization has expired. Companies that violate the law could face civil fines or their executives could go to jail in extreme cases.

How many years of work experience is required for a bachelor's degree?

A worker who holds nothing higher than a bachelor's degree and has fewer than five years of work experience is probably a good fit for this category, presuming the job being offered is one that normally requires a bachelor's degree.

How much experience do you need to work in a specific job?

How much experience or training a worker should have for a specific job is not always clear. A local state labor department office is a good source for information on the number of years of education and experience that it views as the minimum for the job in question. It's also possible to look this up on the Department of Labor's website at http://online.onetcenter.org.

What is the third preference for green cards?

It includes: unskilled workers. The foreign national will need a permanent, full-time job offer from a U.S. employer.

How to get a foreign national job?

For starters, the foreign national will need a permanent, full-time job offer from a U.S. employer. The employer will then need to start the process by obtaining an approved labor certification from the U.S. Department of Labor. The purpose is to confirm that the employer attempted to recruit U.S. workers for the job, but found none who were willing and qualified.

Can a housekeeper get a green card?

Of course, the worker's own qualifications must satisfy whatever requirements the job does normally have, or the person will not be granted a green card under this EB-3 subcategory. For example, if the worker has been offered a job requiring a one-year vocational training program, he or she must finish this program before expecting to start working for the sponsoring U.S. employer.

Who is considered a professional?

Who is considered a professional? Immigration law is unclear on the definition, stating only that professionals include such occupations as architects, lawyers, physicians, engineers, and teachers. Aside from these examples of "professions," U.S. Citizenship and Immigration Services (USCIS) tends to accept workers with a university degree working in their field of expertise.

Is labor certification required for EB-3?

Labor certification is required for all three EB-3 subcategories. (No national interest waiver, in which the applicants show that hiring the foreign national will benefit the United States so much that labor certification is not needed, is available for the third preference.)

What are the different types of non-immigrant visas?

There are many different types of non-immigrant visas, including those for business/tourists, students, exchange programs, transit employees, religious workers, domestic help, financial investors, victims of sex trade, spousal sponsorship and media, to name a few. There is even a visa for non-citizens working in the U.S. who are victims of crimes.

What is a non-immigrant visa?

This can be a helpful place to start. Any citizen of a foreign country wanting to enter the United States must secure a visa in most cases. Immigrant visas are for permanent residence, and non-immigrant visas are for a temporary stay as defined by immigration law.

Who must file a petition for an immigrant visa?

Citizenship and Immigration Service (USCIS) before applying for an immigrant visa. The petition is filed by either a qualified relative or a potential employer. Here are a few examples: Purpose of Travel. Example.

Is it important to get a visa lawyer?

Applying for a visa is not something you want to try on your own, and that’s why it’s important to choose a skilled and experienced visa lawyer to help you through the process .

Immigrant Visas

Nonimmigrant Work Visas

  • There are also a variety of nonimmigrant visas designed for employment purposes. These U.S. work visas grant temporary work authorization and are not connected to permanent residency. There are typically several restrictions put on type of employment, specific employers and the length of time one can be employed. Proof of employment authorization i...
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Nonimmigrant Employment Authorization

  • In addition to temporary visas set up specifically for employment purposes, there are some nonimmigrant visa holders and other immigration statuses that may be eligible for employment authorization. Individuals that fall into these eligibility categories must apply for the work authorization. Upon approval, USCIS grants an Employment Authorization Document (as picture…
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