Employment based immigration is divided into five categories. In most cases a job offer from a U.S. based employer is required in order to qualify.
Note: If, after reading the following, you have questions concerning your eligibility for a visa, you should contact the U.S. Citizenship and Immigration Services. We cannot answer questions concerning eligibility to register in the employment based categories.
Applicants who believe they are entitled to immigrant status based in proposed employment in the United States must have their prospective employer file Petition Form I-140 with the USCIS in the United States. Prior to filing a petition the proposed employer must also obtain certification from the U.S. Dept. of Labor, to certify that there are no qualified workers available for the proposed employment in the United States.
Filing a Petition with USCIS
Unless you are eligible for immigration in the first preference category, your prospective employer is required to file an immigrant visa petition, Form I-140, on your behalf with the U.S. Citizenship and Immigration Services (USCIS). If a petition has not already been filed, information about how to do so is available from the USCIS website at www.usics.gov.
The petition will take several months to process. Once approved, the petition will be sent to the National Visa Center in New Hampshire.
