Employment-Based Immigration

In employment-based immigration, the prospective employer files a petition on behalf of the intended employee and certifies their intended sponsorship. The type of petition the employer needs to file depends on (1) where the employee is currently living, (2) what qualifications the employee has, (3) and the purpose of the employment.

Before you are given a visa, you must state your intent in coming to the United States. Many employment visas are non-immigrant visas. Non-immigrant employment visas are for temporary employees who will return to their home country after a certain period. There are also immigrant employment visas that grant the employee permanent residency in the U.S. And finally, certain visas are “dual intent”. A “dual intent” visa allows the immigrant to come to the U.S. with the intent to be here temporarily, but still maintains the immigrant’s future ability to file for permanent residency. If a prospective employee believes they may apply for a green card in the future, it is crucial to choose an employment visa category that will protect this opportunity.