Employment-Based Immigrant Visas

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The First Steps toward an Immigrant Visa: Labor Certification and Filing a Petition

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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.

             After USCIS approves the petition, it is sent to the National Visa Center (NVC). Once received, the NVC will assign a case number for the petition. When an applicant’s priority date meets the most recent qualifying date, the NVC will send the Choice of Address and Agent form to the applicant, if an attorney or agent will be used. (NOTE: If you already have an attorney, the NVC will not send you this form.) NVC will begin pre-processing the applicant’s case by providing the applicant with instructions to submit the appropriate fees. After the appropriate fees are paid, the NVC will request that the applicant submit  the necessary immigrant visa documents, including application forms, civil documents, and more. Learn more about National Visa Center visa case processing.

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