A radiant oasis nestled within the embrace of the Sonoran Desert. As we guide you through the wonders of El Mirage, allow us to introduce you to Phoenix Area Immigration Services, your guiding light on the journey of immigration nestled in the heart of Phoenix, Arizona.

El Mirage – A Tapestry of Delights:

Imagine a place where serenity dances with excitement – that’s El Mirage. From sprawling parks to breathtaking desert vistas, nature’s wonders invite you to uncover their secrets.

Westgate Entertainment District: Calling all teenagers and seekers of fun! Westgate Entertainment District is your playground for shopping, dining, and electrifying entertainment that will leave you spellbound.

Wildlife World Zoo and Aquarium: Embark on a wild expedition at the Wildlife World Zoo and Aquarium, where vibrant ecosystems and majestic creatures create an unforgettable symphony of nature.

Pueblo El Mirage Golf Course: For those with a passion for golf, Pueblo El Mirage Golf Course offers pristine greens and stunning backdrops for a day of leisure and camaraderie.

Owynn’s World of Adventure: Unleash your imagination at Owynn’s World of Adventure, a realm where creativity knows no bounds and every corner holds the promise of new discoveries.

New River Trail: Nature’s calling! Answer it with a journey along the New River Trail, a haven for outdoor enthusiasts and nature lovers seeking serenity and exploration.

Phoenix Area Immigration Services: Amid the allure of El Mirage, Phoenix Area Immigration Services stands as your beacon of support, guiding you through the intricate path of immigration. From visa applications to legal consultations, we’re here to make your American dreams a reality.

Discover: Experience the enchantment of El Mirage, unravel your dreams, and set sail with Phoenix Area Immigration Services.

Why Choose Phoenix Area Immigration Services?

Our commitment to turning your immigration dreams into reality is unwavering. With offices across the United States, including Phoenix, Arizona, we’ve been instrumental in helping countless individuals embark on their American journeys.

Experience and Expertise: Our team brings years of experience and in-depth knowledge in the ever-evolving immigration landscape, ensuring you receive the highest level of service.

Client-Centric Approach: We prioritize your needs, providing personalized solutions that cater to your unique immigration goals and circumstances.

Seamless Communication: Our commitment to transparent and responsive communication ensures you are informed and empowered throughout the immigration process.

Proven Success: Countless individuals and families have trusted us to fulfill their immigration dreams, and we are honored to be a part of their success stories

Tucson: Where Nature and History Embrace

Spectacular Natural Landscapes: Embrace the splendor of the Sonoran Desert and the majestic Santa Catalina Mountains. Tucson’s natural beauty will leave you in awe.

Saguaro National Park: Home to the iconic Saguaro cacti, this national park promises unforgettable hiking trails and captivating sunsets.

Old Tucson: Immerse yourself in the Old West at this iconic film studio and theme park, reliving the charm of cowboy legends.

Rich Cultural Heritage: Tucson’s rich cultural diversity is evident in its festivals, museums, and artistic performances.

Southwestern Culinary Delights: Savor the delectable flavors of Southwestern cuisine, from traditional Mexican dishes to contemporary fusion delights.

Your Immigration Dreams: Our Services in Phoenix, Arizona

Beyond the wonders of Tucson lies a world of endless possibilities, and at Phoenix Area Immigration Services, we stand ready to help you navigate the path to your American dream.

Unlocking Your Immigration Journey: Empowering Your Tomorrow

With our expertise in U.S. immigration laws and a passion for guiding individuals towards their goals, we are committed to providing top-notch immigration services to our valued clients. From student visas to employment-based petitions, family sponsorships to permanent residency applications, our Phoenix-based team offers a comprehensive range of immigration solutions.

Your Dreams, Our Mission

As you immerse yourself in the magic of Tucson City, we encourage you to embrace your aspirations and let us be the bridge to your American dream. With our personalized approach and unwavering dedication, we strive to make your immigration journey smooth and successful.

Embark on Your Journey Today!

Tucson City welcomes you with open arms, and so do we. Let Phoenix Area Immigration Services be your trusted partner in your pursuit of a brighter future in the United States.

Discover the charm of Tucson and the boundless possibilities that wait beyond its borders. Begin your journey with us and let your dreams take flight!

Why Choose Phoenix Area Immigration Services?

Our commitment to turning your immigration dreams into reality is unwavering. With offices across the United States, including Phoenix, Arizona, we’ve been instrumental in helping countless individuals embark on their American journeys.

Experience and Expertise: Our team brings years of experience and in-depth knowledge in the ever-evolving immigration landscape, ensuring you receive the highest level of service.

Client-Centric Approach: We prioritize your needs, providing personalized solutions that cater to your unique immigration goals and circumstances.

Seamless Communication: Our commitment to transparent and responsive communication ensures you are informed and empowered throughout the immigration process.

Proven Success: Countless individuals and families have trusted us to fulfill their immigration dreams, and we are honored to be a part of their success stories.

Chandler’s Natural Splendor: Set against the stunning backdrop of the Arizona desert, Chandler welcomes you with open arms. Its untouched beauty and modern charms create an irresistible fusion that resonates with residents and tourists alike.

Tumbleweed Park: Nature lovers, rejoice! Tumbleweed Park is a haven of relaxation and outdoor adventures. Take a leisurely stroll through lush gardens or engage in thrilling activities that celebrate the great outdoors.

Wild Horse Pass Motorsports Park: For thrill-seekers and adrenaline junkies, the Wild Horse Pass Motorsports Park offers heart-pounding excitement. From drag racing to off-road adventures, it’s a haven for those who live life in the fast lane.

Arizona Railway Museum: Immerse yourself in history and nostalgia at the Arizona Railway Museum. Discover the stories behind vintage locomotives and rolling stock that played a pivotal role in shaping the region’s growth.

Downtown Chandler: The heart of Chandler pulses with vitality. Downtown is a vibrant hub where boutique shopping, eclectic dining, and cultural experiences seamlessly blend to create a captivating atmosphere.

Popular Teen Hangouts: Chandler’s teenage residents are spoiled for choice when it comes to hangout spots. From the Ocotillo Oasis Water Park to exploring the quirky Zelma Basha Salmeri Gallery, there’s no shortage of activities to keep young hearts engaged.

A Bridge to Your American Journey: Let Chandler’s magic fuel your dreams as you embark on your journey to the United States. Phoenix Area Immigration Services is here to be your guiding light, ensuring your aspirations come true.

Discover More: Connect with Phoenix Area Immigration Services today and embark on an adventure that transcends borders, propelling you towards your American dreams.

Why Choose Phoenix Area Immigration Services?

Our commitment to turning your immigration dreams into reality is unwavering. With offices across the United States, including Phoenix, Arizona, we’ve been instrumental in helping countless individuals embark on their American journeys.

Experience and Expertise: Our team brings years of experience and in-depth knowledge in the ever-evolving immigration landscape, ensuring you receive the highest level of service.

Client-Centric Approach: We prioritize your needs, providing personalized solutions that cater to your unique immigration goals and circumstances.

Seamless Communication: Our commitment to transparent and responsive communication ensures you are informed and empowered throughout the immigration process.

Proven Success: Countless individuals and families have trusted us to fulfill their immigration dreams, and we are honored to be a part of their success stories.

Since 2016, the Department of Homeland Security has established the STEM OPT program, which provides F-1 students in STEM fields with an additional two years of work authorization as they “require practical training in a professional setting to implement their new knowledge.”

Optional Practical Training (OPT) is temporary employment directly linked to the main field of study of an F-1 student. Eligible students may apply for up to 12 months of OPT employment authorization before and/or after completing their academic studies (pre-completion and post-completion, respectively). However, all pre-completion OPT periods will be deducted from the post-completion OPT duration.

Types of OPT

All OPT must be directly related to the student’s major. You may be qualified to participate in OPT in two different ways if you are an F-1 student.

Pre-completion OPT: You are eligible to apply for pre-completion OPT after you have been formally enrolled full-time for one full academic year at a U.S.-approved institution, university, conservatory, or seminary. F-1 students are enrolled in the Student and Exchange Visitor Program (SEVP) by Immigration and Customs Enforcement (ICE).
If you are approved to engage in OPT prior to degree completion, you may work up to 20 hours per week while classes are in session. When school is not in session, you may work full-time.

Post-completion OPT: After completing your studies, you may apply to participate in post-completion OPT. If permitted for post-completion OPT, you must work full-time or part-time (at least 20 hours per week).

Impact of Pre-completion OPT on Post-completion OPT at the Same Education Level

Opting for a Pre-completion OPT will have an effect if you also want to apply for a post-completion opt which should be carefully handled to be able to complete your training without any hindrance.

If you have already obtained 1 year of pre-completion OPT part-time (20 hours per week), the remaining full-time OPT period will be decreased by 6 months or 50% of the previously approved year at the same level of schooling. In this circumstance, you would only be eligible for six months of full-time authorization to work after OPT completion.

If you have already obtained 1 year of full-time (40 hours per week) pre-completion OPT, the remaining time for full-time optional practical training at the same level of study will be decreased by 1 year, or 100% of the previously approved year. In this circumstance, you would not be eligible for any post-completion OPT work authorization.

STEM OPT Extension

If you hold a degree in certain science, technology, engineering, and mathematics (STEM) subjects, you may apply for a 24-month extension of your post-graduation OPT employment permit if you meet the following requirements:

• You Are an F-1 student who earned a STEM degree included on the STEM Designated Degree Program List (PDF);
• You Are employed by an employer who is enrolled in and using E-Verify; and
• You Have received an initial grant of STEM-based post-completion OPT employment authorization.

Court Upholds F-1 OPT Programs

The federal appeals court has maintained the status quo of the F-1 OPT and STEM OPT programs in a recent decision. This is a tremendous relief for many, as the availability of OPT encourages international students to study in the United States.

Phoenix Area Immigration Services has been providing immigration services for the last 20 years and we have earned the reputation of being a leading firm in the US known for quality documentation for all immigrant and non-immigrant petitions.

Get in touch with us today to apply for your pre-completion OPT or post-completion OPT. We help in providing documentation assistance to file an OPT program and help you secure your future in the United States. Our team of experts can also assist in exploring more options for staying and working in the United States.

Circumventing the Lottery for Immigrating to the United States

H1B Cap Exemptions for Physicians

A significant proportion of foreign nationals who come to the United States to work as physicians have H1B status. Ordinarily, a foreign citizen must be counted in the H1B cap before obtaining H1B status. This involves participation in the H1B lottery by the applicant. However, there are a few exceptions to this general norm, allowing many physicians to circumvent the lottery.

Physicians May Qualify for General H1B Cap Exemptions

Employers are exempt from the H1B quota if any of the following conditions are met:

• It is a nonprofit, recognized institution of higher learning.
• It is a non-profit organization associated or connected with an eligible institution of higher education.
• It is either a nonprofit or a government-funded research institution.

Additionally, if an H1B beneficiary is hired by a private employer, but employed by an organization exempt from the cap, the petition can be submitted as cap-exempt.

Despite the fact that these restrictions are not created specifically for physicians, teaching hospitals often qualify as cap-exempt employers. Therefore, foreign physicians engaged by these firms may achieve H1B status without entering the lottery system. In general, however, the H1B worker is only exempt from the H1B quota while employed by the same employer.

J-1 Waiver of Home Residency Requirement

The J-1 exchange visitor program is used by many international medical graduates (IMGs) who seek to pursue graduate medical studies in the United States. Those IMGs who enroll in this program are, nevertheless, subject to a Home residency requirement (HRR) of two years. This implies that IMGs must return to their respective home countries for two years after completing their training before applying for H or L visas or permanent residency (i.e. a “green card”). In addition, such individuals are often prohibited from requesting a change of status in the United States. The purpose of this requirement is to encourage certified doctors to return to their native countries and practice medicine there.

Physicians who do not intend to comply with the two-year HRR may be able to get exemptions. Such J-1 doctors are ineligible for the most frequent HRR waiver, which is assessed from the absence of opposition from the home country’s government. Consequently, they often employ a waiver from an interested government agency (IGA), such as the Conrad 30 waiver program.

Most IGA exemptions, including the Conrad 30 program, allow J-1 doctors to acquire HRR waivers if they agree to practice for three years in a medically disadvantaged region of the United States. If the physician secures a waiver to the HRR based on satisfying the three-year service requirement, he or she is permanently exempt from the H1B limit.

In Conclusion

To address the country’s medical requirements, the United States depends on a significant number of trained and experienced doctors. Despite the fact that the H1B quota may still be an obstacle for foreign-born physicians seeking employment in the United States, a significant percentage of physicians find relief by qualifying for an H1B cap exemption. If physicians have concerns about immigration, are encouraged to contact our team of experts who will assist them in filling their visas, explore various methods & options for working in the United States and smoothen their goal of acquiring US citizenship.

Canada as a backdoor to the United States

People who have got permanent residency status in Canada can apply for citizenship after living there for at least three years in the five years before the application. After they become citizens, they can use the TN visa to come to the US if they have a genuine job offer from a US company in one of the approved occupations. The TN visa is valid for three years, and it can be extended. There is no limit on how often it can be renewed.  The process is very easy.

TN visa holders can bring their spouse and children under 21 to the United States as long as the visa is still good. Family members who depend on the applicant can apply for a TD visa. If the application is approved, the dependents will get an I-94 record showing how long they can stay in the U.S., which is usually the same as the TN visa holder.

People with TD visas can’t work in the United States, but they can study at US universities without needing a student visa. The length of stay can be extended if the dependents have a valid passport that lasts longer than the length of their stay, have not broken the rules of their stay in the United States, and have not committed a felony. Start the process of asking for an extension at least 45 days before the I-94 record expires.

Applying for a Green Card While possessing a TN Visa

The TN visa does not allow for more than one entry. That means you should not apply for a green card while you are on this visa. You can still apply for a US green card, though, if you change your visa category to something like H-1 or L-1. There are two kinds of visa categories.

Someone could come to the U.S. on a TN visa and then ask their employer to sponsor them for an H-1 or L-1 visa. Another option is to return back to Canada and apply for a US green card while residing in Canada. Your application will be handled depending on the priority date in that case.

But there is an exception for people who were born in Canada but are American citizens. By showing their family history, they can apply for a green card.

When it comes to green cards, Canadians are treated mostly the same as any other immigrant to the United States. But if they can get some types of temporary visas, such as the TN visa talked about above, it might help them connect with a U.S. company that wants to sponsor them for a green card in the future.

Contact us to apply for a TN Visa and get your case assessed by our team of experts to explore all options!

In addition to Social Security, the SSN is utilized for a variety of other purposes. These include creating a bank account, acquiring credit, receiving government benefits, private insurance, and purchasing a house or a vehicle among others.

Social Security Number: Strategies for Dealing with Delays

The United States issues a Social Security number (SSN) to those who are permitted to work in the country. One of the primary functions of the Social Security number is to act as a tracking number for income tax and associated matters. Generally, the SSN application procedure is simple and easy. However, when it comes to employment authorization by employers and employees, there is the possibility of delay and associated confusion.

Obtaining a Social Security Number

If a foreign person is submitting form I-765, which is used to apply for an employment authorization document (EAD), or form I-485, which is used to apply for an adjustment of status, U.S. Citizenship and Immigration Services (USCIS) allows the applicant to apply for an SSN simultaneously. In most other situations, however, a foreign national must attend in person at the local Social Security Administration (SSA) office and produce two qualifying forms of identification along with proof of work permission, status, and age to apply for an SSN. On the SSA’s website, you may get further information on how and where to apply.

A foreign individual who applies for an immigrant visa at a U.S. consulate overseas may seek an SSN on the visa application. This method, known as enumeration at entry (EAE), may cause delays despite its apparent effectiveness. EAE entails the transmission of information between four federal agencies: the U.S. Department of State (DOS), U.S. Customs and Border Protection (CBP), USCIS, and the Social Security Administration (SSA). If the information does not flow correctly, the Social Security Administration places a hold on the application. This wait cannot be circumvented by filing a fresh SSN application after admission, since that application will likewise be put on hold. Therefore, it is often preferable to apply for the SSN after arriving.

Waiting Period and Verifications

Historically, when a foreign national entered the United States, there was a ten-day wait before the Social Security Administration (SSA) had access to border inspection information. Despite the fact that this should no longer be the case, it may be beneficial to wait for this short window, since the computerized I-94 information may need to be updated.

Before a Social Security number may be awarded, all supporting documentation must be validated via the Systematic Alien Verification for Entitlements (SAVE) system. SAVE is a web-based service managed by the USCIS Verification Division. Foreign people working on blanket L-1 admissions, EADs, and E visas are more likely than others to have issues with SAVE. If a delay arises during the SAVE process, the SSA has the ability to request that USCIS take corrective action.

Work Permitted Prior to Issuance of SSN

Contrary to widespread belief, persons with work authorization may begin working prior to SSN issuance. In reality, both the employer and the foreign national may have to face prosecution if employment is not initiated. For instance, in the H1B scenario, postponing the start of employment might result in the company having to pay back payments and the employee losing their status.

On beginning work without an SSN, the Social Security Administration (SSA), the Internal Revenue Service (IRS), and the Department of Justice (DOJ) all provide identical guidelines. According to the Program Operations Manual System (POMS), which is controlled by the SSA, a dummy number must be used if the SSN is not yet obtained. After the SSN is issued, the employer must submit further documentation to update the employee’s information with the right number.

Annotated and Blank Social Security Cards

Two types of SSN cards exist: blanket authorization and annotated authorization. The information on an annotated authorization card issued by the U.S. Department of Homeland Security (DHS) indicates that it is only acceptable for work purposes . Blanket authorization cards do not have this restriction, and hence foreign nationals are usually not granted these cards.

Upon becoming a U.S. citizen, a foreign person who has been granted an annotated authorization SSN card must amend this document in order to get a blanket authorization card. This modification will simplify the I-9 employment authorization verification procedure. It will assist in updating the government data completely, which might be crucial if an individual needs clearance via the E-Verify system.

Conclusion

Obtaining an SSN is a crucial and essential step for foreign nationals having work authorization. While this procedure goes effortlessly for many, delays and difficulty in acquiring the necessary verifications might cause annoyance to others. It should be kept in mind that an immigrant can and often should start working while the SSN is being processed.

The modern world has become a vast melting pot filled with lively families that transcend a number of borders, which is certainly something to admire and value. However, keeping track of immigration regulations can be challenging. This blog concisely discusses the 4 types of United States immigration statuses.

The United States receives numerous tourists. Many people migrate seeking employment, education, or simply better possibilities. Against this backdrop, America is best recognized as the Land of Opportunity. However, to visit or even reside in the United States, a valid visa or Green card is required. There are a lot of ways to obtain temporary residence and eventually attain permanent residency status.

Citizen

Citizenship is the first type of status, and there are three ways to obtain citizenship. The first is to be born a U.S. citizen (jus soli: any person who is born in the United States gains citizenship at birth) and the second is to have at least one parent with U.S. citizenship (jus sanguinis: If you’re born in another country but one of your parents is a citizen, then you automatically have citizenship in the US). The final option is to complete the naturalization procedure. A person is eligible for citizenship if they have been a permanent, upstanding resident of the United States for at least five years.

Permanent Resident

A permanent resident is not the same as citizenship since, despite having the right to work and reside indefinitely in the United States, permanent residents cannot vote and are susceptible to deportation. Green cards, also known as permanent residency cards, are issued by US Citizenship and Immigration Services. It serves as evidence of their status.

Non-Immigrant

Non-immigrants are persons who are permitted to temporarily remain in the United States. This includes those who travel to the United States for research, tourism, or temporary protection. Frequently, it also involves those seeking a K-1 visa from their partner. If a non-immigrant violates US law or their visa, their status may be changed to that of an undocumented individual.

Undocumented

Undocumented immigration is the only sort of immigration that is illegal by nature. Those who fall into this group are unauthorized to reside in the United States. They have no access to health care in the United States, are not permitted to work legally, and are not issued a driver’s licence. Individuals can become undocumented if they overstay their visa or illegally enter the United States.

The Diversity Visa Program, also known as the DV Lottery, is a program that was mandated by Congress and allows up to 55,000 individuals from countries that have historically been underrepresented in terms of migration to the United States of America to qualify each year for immigrant visas, which are also referred to as Green Cards.

The program is known as the “Green Card Lottery” or the “DV lottery” because the winners are selected through a random drawing from among the 10–12 million persons that enter the lottery each year from all over the world.

The United States of America takes great pride in its status as a nation founded by immigrants. However, people from some countries are migrating to the United States at a rate that is far higher than that of those from other nations. For instance, the number of people immigrating from Mexico, China, and the Philippines alone is significantly more than the total number of people immigrating from the majority of the other nations combined. The laws of the United States regulate immigration from certain parts of the world in order to ensure that the population continues to contain a diverse range of individuals.

Evolution of the DV Program

In the 1940s, the famous immigrant visa was initially established as the “Alien Registration Receipt Card.” The first of these IDs the size of a credit card included green lettering and a greenish photograph. Consequently, the term “Green Card” was coined and rapidly used. In the interim, the Green Card has undergone multiple color changes. In the past, it was even pink, but since 1999 it has been a pale green color. With a Green Card, more than 10 million foreigners currently reside in the United States.

Since 1994, the DV program has been implemented multiple times in February, November, and October. In 2000, the responsible institution changed. The originally designated National Visa Center in Portsmouth had to transfer processing responsibilities to the Kentucky Consular Center, which is now responsible for receiving and evaluating applications.

Earlier, it was still feasible to submit multiple DV lottery applications per person. This resulted in a few individuals applying hundreds of times for a Green Card and better their chance of acquiring one. The results were a completely overburdened institution and distribution inequities, as the influential were able to submit more applications. Since then, each individual is limited to submitting a single application each year and must have faith in Fortuna.

The Diversity Visa (DV) Program is based on sections 201 through 204 of the Immigration and Nationality Act of 1990. Based on a legal formula, the Immigration and Naturalization Service (INS) determines the qualifying nations and application requirements. These regulations usually vary from year to year.

Am I qualified for DV Lottery 2024?

The Diversity Visa Lottery is open for submissions from virtually all eligible individuals. However, there are only two prerequisites that need to be met in order to be eligible for a Green Card in the United States:

• Diverse Country of birth in accordance with current world political map
• education and/or working experiences

How to apply for the DV Lottery?

On the website of the United States Department of State, anyone who meets the requirements can register to take part in the annual Diversity Visa Lottery, which does not cost them anything and is open to anybody who meets those requirements. On the other hand, a significant number of people are unaware of this fact: in each and every lottery, up to forty percent of all applicants are eliminated from consideration due to mistakes they made in their paperwork regarding the deadline or other requirements.

The admission or rejection of applications for the Diversity Visa Lottery is accomplished through a computerised method; however, participants are not informed about the outcome of the lottery. It will not be disclosed to the applicant whether or not their application was successful in being entered into the lottery.

United States Green Card

A United States Green Card grants its holders the legal authorization to reside and maintain employment in the United States forever. In addition to this, you are practically entitled to the same rights as a citizen of the United States.

To participate in the Diversity Visa Lottery, sometimes known as the “green card lottery,” all that’s required is to fill out a short form online, and there is no fee associated with doing so. You have the opportunity to enter the lottery from the beginning of October until the beginning of November each and every year. The winners of the competition have their names chosen at random by a computer, and they and their immediate relatives are awarded green cards.

The U.S. Citizenship and Immigration Services (USCIS) has released a number of new recommendations to attract STEM (Science Technology Engineering Mathematics) professionals to the United States. The papers outline nonimmigrant and immigrant visa alternatives for foreign nationals wishing to work in STEM professions in the United States.

New STEM Guides

1st Publication

The first publication (Options for Noncitizen STEM Professionals to Work in the United States) outlines the most likely nonimmigrant visa categories for STEM employees, such as H1B, O1A, L-1, TN, and F-1 OPT. In addition to providing an overview of each of these areas, the paper addresses other frequently asked questions.

The United States has long been a destination for the world’s greatest talent. Our ability to attract global talent, particularly in the fields of science, technology, engineering, and mathematics (STEM), has resulted in the creation of jobs, new industries, and new opportunities for all Americans.

This online resource gives an overview of temporary and permanent STEM employment pathways for noncitizens in the United States. This guide also outlines some of the most crucial concerns for STEM professionals considering employment in the United States. The subsequent sections elaborate on these paths.

Uscis.gov provides more details on how to apply for temporary and permanent visas, as well as for optional practical training for students. In addition, a general guide to employment in the United States is available at uscis.gov’s Working in the United States section.

2nd Publication

The second guide (Immigrant Pathways for STEM Employment in the United States) has a similar format, but focuses on immigrant visa choices such as EB1, EB1, and EB3. Again, an overview of each category and answers to several frequently asked questions are provided.

Permanent employment opportunities in the United States are made available through immigrant routes. They provide legal permanent residence (the Green Card), which can lead to U.S. citizenship in the future.

The process to become a lawful permanent resident consists of two or three steps, depending on the classification of employment-based immigrant visa sought. The first step for the majority of petitioners (usually employers) filing EB-2 and EB-3 petitions is to file with the Department of Labor an Application for Permanent Employment Certification (ETA Form 9089 (PDF)), also known as a labour certification (DOL). An approved application for permanent labour certification demonstrates:

• The petitioner examined the labour market in the geographic region where the permanent employment offer is located to demonstrate that there are no able, qualified, and available U.S. employees willing to accept the permanent job offer; and

• The beneficiary’s employment will not have a negative impact on the pay and working conditions of similarly employed U.S. workers.

Labour  Certification

The petitioner submits a certified labour certification along with an immigrant visa petition to USCIS after DOL certification. In all cases, the process requires filing an immigrant petition with USCIS and either an adjustment application with USCIS (if you are already in the United States) or an immigrant visa application with the Department of State (DOS) (if you are outside the United States or not pursuing adjustment of status).

A petition for an immigrant visa that has been authorised ensures your priority date, which determines the order of immigrant visa availability. When an immigrant visa is immediately available, you may only submit an adjustment application or visa request through a consulate. If an immigrant visa is immediately available when you or your employer files the petition with USCIS, you may submit your adjustment application simultaneously. You may submit a work authorization application concurrently with your adjustment of status application and while your adjustment of status application is underway.

The availability of an immigrant visa will depend on the employment-based classification being sought (typically, the higher preferences have greater availability) and the immigrant’s country of chargeability (usually the country of birth).

EB-1 immigration visas are typically instantly accessible to any applicant who qualifies, regardless of country of origin. For EB-2 and EB-3 immigrant visas, however, China and India typically have to wait in line.

The Visa Availability and Priority Dates and Consular Processing page on the USCIS website gives information about the DOS Visa Bulletin procedure and explains how the DOS allocates immigrant visas and consular processing in general.

3rd Publication

The third publication discusses both nonimmigrant and immigrant visa possibilities in less detail than the previous two publications. In addition, it has a chart detailing each of the aforementioned nonimmigrant visa categories, as well as a second chart detailing each of the associated immigrant visa categories. The nonimmigrant chart provides the requisite education, experience, or abilities for each nonimmigrant category, as well as if an offer of employment is required and the validity period. The immigrant visa chart details the requisite education, experience, or abilities for each visa category, as well as if a work offer and/or labour certification is necessary.

Nonimmigrant (Temporary) Pathways

Immigrant (Permanent) Pathways

You can consult us to evaluate the best classification for you!

Conclusion

These charts should be a useful resource for international STEM professionals seeking employment possibilities in the United States. It should be noted, however, that the charts do not include every option available to a foreign national STEM worker who wishes to reside and work in the United States. Foreign nationals seeking employment opportunities in the United States are urged to schedule a consultation with our seasoned attorneys!