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Employment Based Visa

Coming to work in the US can be very rewarding but also very challenging. Foreign workers come to the US on either a Temporary Basis (that requires a Temporary Visa), or on a Permanent Basis (that requires a Permanent Visa).

In some cases the Department of Labor (DOL) requires the employer to obtain a Labor Certification that there are no qualified US Workers willing and able to take the job at a wage equal or greater than the prevailing wage paid in the geographical location where the job is located. The rationale here is to demonstrate that hiring of foreign workers is not an attempt to depress jobs, wages and good working conditions in the US.

 

EMPLOYMENT TABLE I

 

 


Permanent Employment Visa

Known commonly as a “Green Card”, it allows a foreign national to live permanently and work in the US and pay Taxes to the US government. As Temporary Non-Immigrant Workers, they can eventually Adjust their Status and become US Citizens after 5 years.  Either the individual’s employer or in some cases, the individuals themselves may petition the United States Citizens and Immigration Services - USCIS for the “adjustment of status”, while they continue to live and work in the US as Permanent Residents. Please see ‘How to Become a Citizen’

Temporary Employment Visa

This is when a foreign qualified worker is hired to come to the US for a specific time period for gainful employment. In some cases, the employer of the foreign worker is required to file a petition for a non-immigrant visa with the USCIS. Because this is a Temporary Non-Immigrant Visa, the worker has to depart from the US upon the expiration of the duration of the Visa.