Immigrant Visas

Employment Based Immigrant Visas Information

The Immigration and Nationality Act provides a yearly minimum of 140,000 employment-based immigrant visas which are divided into five preference categories. They may require a labor certification from the U.S. Department of Labor (DOL), and the filing of a petition with the United States Citizenship and Immigration Service (USCIS) of the Department of Homeland Security (DHS).

Qualified applicants for employment-based visas are generally: (1) members of certain professions or persons of exceptional ability in the sciences and arts whose services are referred by an employer in the U.S.; or (2) skilled and unskilled workers designated by the U.S. Department of Labor as in short supply in the U.S.

The first steps in this application process take place entirely in the United States. The potential U.S. employer must first file a Form I-140 immigrant visa petition for the worker. I-140 forms are available only in the United States and can be approved only by the United States Citizenship and Immigration Service.

Because of the limited number of visas available each year, there may be a waiting period depending on the type of job. The waiting period is shortest for workers with extraordinary ability, professionals with advanced degrees and senior executives of multinational corporations. For jobs requiring two years or less of training or experience, the waiting period can be many years.

Immigrant visas are issued in each employment category in the order that the I-140 petitions are filed in the United States. Those petitions filed earlier have an earlier "priority date" than those petitions filed later.

The U.S. Consulate only becomes involved once the priority date of the approved I-140 petition becomes eligible for processing -- or "current". At that point, the applicant will be sent the detailed list of supporting documents needed to apply for the immigrant visa. After the applicant informs the Consulate that all the documents are ready, we will then schedule a visa interview. Interviews are scheduled by appointment only.