Introduction

Employment-based immigration visas are a crucial aspect of immigration law that enables foreign workers to enter and work in a foreign country based on a job offer from a sponsoring employer. These visas provide a pathway for individuals with specialized skills, education, and experience to immigrate to a new country, where they can use their abilities to contribute to the local economy and society.

This type of immigration visa is designed to address the shortage of skilled workers in specific industries and to fill the gap between the demand for labor and the available pool of workers. The process of obtaining an employment-based immigration visa can be complex, involving multiple steps and various requirements, but for those who are successful, it can lead to a new life in a new country, with the potential for growth and advancement.

Purpose of the guide: Employment-based immigration visas to the US and UK

This guide provides comprehensive information on employment-based immigration visas, including eligibility requirements, application procedures, and the different types of visas available. The guide aims to serve as a resource for individuals seeking employment in a foreign country and for employers sponsoring foreign workers. It will provide practical advice and tips to help individuals prepare for the visa application process and make informed decisions.

Part 1: Complete guide on Employment-based immigration visas to the US

Eligibility requirements

Eligibility requirements for employment-based immigration visas to the United States vary depending on the specific type of visa being sought. However, some general eligibility criteria apply to all employment-based visas. These include:

1. Job Offer: An individual must have a job offer from a US employer who is willing to sponsor their visa application. The employer must provide evidence that the individual is qualified for the offered position and that a US worker cannot fill the position.
2. Labor Certification: The US employer must obtain a labor certification from the Department of Labor, which confirms that there are no qualified US workers available for the offered position.
3. Educational Qualifications: An individual must have the education and experience required for the offered position, as determined by the US Department of Labor.
4. Health and Character: An individual must be in good health and of good moral character, as determined by a medical examination and background check.
5. Passport: An individual must have a valid passport and be able to travel to the United States.

In addition to these general eligibility requirements, specific visas may have additional requirements. For example, some visas require an individual to have exceptional skills or to be an investor in a US business. Therefore, it is important to research the specific requirements for the type of visa being sought.

Overall, eligibility for an employment-based immigration visa to the United States is based on a combination of factors, including the individual’s job offer, qualifications, health, and character. It is important to carefully research and understand the specific requirements for each type of visa in order to increase the chances of a successful application.

Labor Certification

Overview of the Labor Certification Process

The labor certification process is critical in obtaining an employment-based immigration visa to the United States. The process involves obtaining a certification from the US Department of Labor (DOL), which confirms that no qualified US workers are available for the offered position.

The labor certification process begins with the US employer applying with the DOL, demonstrating that they have made a good faith effort to recruit US workers for the offered position and that no qualified US workers were found. The DOL will review the application and determine whether to grant the labor certification.

The labor certification process is designed to protect US workers by ensuring that they are given priority for job opportunities and that foreign workers are only employed in situations where no qualified US workers are available.

Role of the US Department of Labor

The US Department of Labor plays a critical role in the labor certification process. The DOL is responsible for reviewing and approving labor certification applications filed by US employers. The DOL will evaluate the employer’s recruitment efforts, the qualifications of the offered position, and the qualifications of the foreign worker being sponsored.

If the DOL determines that the labor certification application meets all requirements, the DOL will issue the labor certification, which will be required to be submitted as part of the individual’s immigration visa application. If the DOL determines that the labor certification application does not meet all requirements, the DOL will deny the application, and the individual will not be eligible for an employment-based immigration visa.

The DOL is committed to ensuring that US workers are prioritised for job opportunities and that foreign workers are only employed in situations where no qualified US workers are available. As such, the DOL takes its role in the labor certification process very seriously and will only grant certifications in cases where it is satisfied that all requirements have been met.

Form I-140 Immigrant Petition

Overview of the Form I-140

The Form I-140, Immigrant Petition for Alien Worker, is a key document used in the employment-based immigration process in the United States. The form is filed by US employers on behalf of foreign workers who they wish to sponsor for permanent residency in the United States.

Form I-140 serves as a petition to the United States Citizenship and Immigration Services (USCIS) to classify the foreign worker as an immigrant in a specific employment-based category. The form must be accompanied by the required supporting documentation, including a labor certification from the US Department of Labor.

Form I-140 is an important step in the employment-based immigration process, as it determines the eligibility of the foreign worker for an immigrant visa or adjustment of status.

Filing the Form I-140 with USCIS

To file the Form I-140 with USCIS, the US employer must follow the steps outlined below:

1. Gather required documentation: The US employer must gather all required documentation, including a labor certification from the US Department of Labor, to accompany Form I-140.
2. Prepare Form I-140: The US employer must complete Form I-140 and include all required information, including information about the foreign worker and the offered job position.
3. Submit Form I-140 to USCIS: The US employer must submit the completed Form I-140 and accompanying documentation to USCIS, along with the required filing fee.
4. Wait for USCIS to review Form I-140: USCIS will review Form I-140 and supporting documentation to determine whether the foreign worker is eligible for an immigrant visa or adjustment of status.
5. Receive a decision from USCIS: If USCIS approves Form I-140, the foreign worker will be eligible for an immigrant visa or adjustment of status. If USCIS denies Form I-140, the foreign worker will not be eligible for an employment-based immigration visa.

It is important for US employers and foreign workers to carefully follow all steps in the Form I-140 process, as any errors or omissions may result in a denial of the petition.

Priority date

Overview of the Priority Date

The priority date is when a US employer filed Form I-140, Immigrant Petition for Alien Worker, on behalf of a foreign worker seeking permanent residency in the United States through an employment-based immigration visa. The priority date is used by the US Department of State to determine when a foreign worker may be eligible to apply for an immigrant visa or adjustment of status.

Importance of the Priority Date

The priority date is an important aspect of the employment-based immigration process, as it determines when a foreign worker may be eligible to apply for an immigrant visa or adjustment of status.

In general, the priority date is used by the US Department of State to determine the order in which foreign workers will be considered for an immigrant visa or adjustment of status. Foreign workers with an earlier priority date will generally be considered before those with a later priority date.

The priority date also determines when a foreign worker’s spouse and children may be eligible to apply for derivative visas.

It is important for US employers and foreign workers to keep track of their priority date, as it will impact their ability to obtain permanent residency in the United States through an employment-based immigration visa. Any changes in immigration laws or regulations may impact the availability of visas and the priority date.

Form I-485

Overview of the Form I-485

Form I-485, Application to Register Permanent Residence or Adjust Status, is a key document used in the employment-based immigration process in the United States. The form is filed by foreign workers who are already in the United States and wish to apply for permanent residency through an employment-based immigration visa.

The Form I-485 serves as an application for foreign worker to adjust their status from a non-immigrant visa to a permanent residency status. 

The form must be accompanied by the required supporting documentation, including a copy of the approved Form I-140, Immigrant Petition for Alien Worker.

Form I-485 is an important step in the employment-based immigration process, as it determines the eligibility of the foreign worker for permanent residency in the United States.

Filing the Form I-485 with USCIS

To file Form I-485 with USCIS, the foreign worker must follow the steps outlined below:

1. Gather required documentation: The foreign worker must gather all required documentation, including a copy of the approved Form I-140, to accompany Form I-485.
2. Prepare Form I-485: The foreign worker must complete Form I-485 and include all required information, including information about their personal and employment history.
3. Submit Form I-485 to USCIS: The foreign worker must submit the completed Form I-485 and accompanying documentation to USCIS, along with the required filing fee.
4. Wait for USCIS to review Form I-485: USCIS will review Form I-485 and supporting documentation to determine whether the foreign worker is eligible for permanent residency in the United States.
5. Receive a decision from USCIS: If USCIS approves Form I-485, the foreign worker will be granted permanent residency in the United States. If USCIS denies Form I-485, the foreign worker will not be eligible for permanent residency in the United States through an employment-based immigration visa.

It is important for foreign workers to carefully follow all steps in the Form I-485 process, as any errors or omissions may result in a denial of the application. Additionally, the foreign worker must maintain their non-immigrant visa status while Form I-485 is pending with USCIS.

Types of Employment-Based Immigration Visas

EB-1: Priority Worker Visa

The EB-1 visa, also known as the Priority Worker visa, is for foreign workers with extraordinary abilities in the arts, sciences, education, business, or athletics. To qualify for the EB-1 visa, the foreign worker must demonstrate that they have a sustained record of exceptional achievement in their field and that they are a very small percentage of individuals who have risen to the top of their field.

EB-2: Visa for Professionals with Advanced Degrees or Exceptional Abilities

The EB-2 visa is for foreign workers who have advanced degrees or exceptional abilities in the arts, sciences, or business. To qualify for the EB-2 visa, the foreign worker must have a minimum of a master’s or bachelor’s degree and five years of experience in their field. They must also demonstrate that they have exceptional abilities in their field, as determined by an approved labor certification.

EB-3: Visa for Skilled Workers, Professionals, and Unskilled Workers

The EB-3 visa is for foreign workers who are skilled workers, professionals, or unskilled workers. To qualify for the EB-3 visa, the foreign worker must have a minimum of a bachelor’s degree or a combination of education and experience, and the employer must obtain an approved labor certification.

EB-4: Visa for Religious Workers, Broadcasters, and Others

The EB-4 visa is for foreign workers in special categories, including religious workers, broadcasters, and others. To qualify for the EB-4 visa, the foreign worker must meet the specific requirements of their category, and the employer must obtain an approved labor certification.

EB-5: Immigrant Investor Visa

The EB-5 visa is for foreign investors who invest in a new commercial enterprise in the United States. To qualify for the EB-5 visa, the foreign investor must invest a minimum of $1 million, or $500,000, in a targeted employment area and create or preserve 10 full-time jobs for US workers. The investment must also be in a new commercial enterprise, defined as a for-profit activity established after November 29, 1990.

Summary of Key Points

1. Employment-based immigration visas to the USA are divided into five categories: EB-1, EB-2, EB-3, EB-4, and EB-5.
2. Each category has specific eligibility requirements, such as the type of job, level of education and experience, and investment amount.
3. The processing time for an employment-based visa can vary depending on the demand and the category.
4. Employers are required to file a Labor Certification Application (LCA) with the Department of Labor and then an I-140 Immigrant Petition for Alien Worker with the US Citizenship and Immigration Services (USCIS).
5. Once the I-140 is approved, the next step is for the foreign worker to apply for an adjustment of status or consular processing, depending on their immigration status in the USA.

Final Thoughts and Recommendations

It is important for potential visa applicants to understand the eligibility requirements for each employment-based visa category and choose the one that best fits their qualifications and circumstances.

Employers should ensure that they are knowledgeable about the LCA and I-140 filing process and comply with the requirements and deadlines set by the USCIS.

Both employers and foreign workers should be aware of the processing times and plan accordingly to avoid delays.

It is advisable to seek the assistance of a qualified immigration attorney to navigate the complex US immigration laws and procedures.

Finally, it is important to be aware of any changes or updates to the US immigration laws and regulations, as these can affect the eligibility and processing of employment-based visas.

Part 2: Complete guide on Employment-based immigration visas to the UK

The United Kingdom (UK) offers a variety of employment-based immigration visas for foreign workers who wish to work in the country. These visas allow foreign workers to enter and work in the UK for a specified time and in some cases, the option to settle permanently.

The UK’s employment-based immigration visas are divided into five tiers, each with its eligibility criteria and requirements. These tiers are:

1. Tier 1: This tier is for highly skilled workers and entrepreneurs.
2. Tier 2: This tier is for skilled workers with a job offer and a certificate of sponsorship from a licensed UK employer.
3. Tier 3: This tier is not currently in use.
4. Tier 4: This tier is for students who have been offered a place on a course at a UK educational institution.
5. Tier 5: This tier is for temporary workers, including those participating in exchange programs, charity work, or performing arts.

The UK government sets annual quotas for the number of visas issued under each tier, and the eligibility criteria and requirements for each tier are subject to change. Therefore, it is important to regularly check the UK government’s official website for the latest information and guidance on employment-based immigration visas to the UK.

Job Offer from a UK Employer

1. The first requirement for obtaining an employment-based immigration visa to the UK is a job offer from a UK employer.
2. The job offer must be genuine and should meet the UK’s employment standards, such as minimum wage requirements and working conditions.
3. The job should also be one that cannot be filled by a settled worker in the UK, meaning it should be advertised to the local labor market before it can be offered to a non-European Economic Area (EEA) national.
4. The UK employer must hold a valid sponsor license, which allows them to sponsor foreign workers for employment-based visas.

Visa-specific requirements

1. The type of visa required will depend on the specific job offer, the foreign worker’s qualifications, and the length of the intended stay in the UK.
2. For example, the Tier 2 (General) visa is for skilled workers with a job offer and a certificate of sponsorship from a licensed employer.
3. The Tier 5 (Temporary Worker) visa is for workers coming to the UK for a specific purpose, such as charity work or performing arts.
4. Each tier has eligibility criteria, such as the minimum salary, language requirements, and maintenance funds.
5. The foreign worker must also meet the UK’s immigration rules, such as the genuineness test, which assesses the authenticity of the job offer and the foreign worker’s intentions to take the job.

Note: The UK’s immigration rules and policies are subject to change, and it is important to check for the latest information and guidance from the UK government’s official website.

Tier 1 visas

Overview of Tier 1 Visas

The Tier 1 visas are for highly skilled individuals who wish to work and live in the UK. These visas are designed for individuals with exceptional talents, entrepreneurial skills, or significant investments to bring to the UK.

A. Tier 1 (Entrepreneur) Visa

 The Tier 1 (Entrepreneur) visa is for individuals with credible and innovative business ideas and the funds to establish and run a business in the UK. To be eligible for this visa, the individual must:

1. They have access to at least £50,000 in investment funds or £200,000 if they seek to set up a business in a high-growth sector.
2. Provide a credible and innovative business plan.
3. They have the skills and experience to establish and run a successful business in the UK.

B. Tier 1 (Investor) Visa

The Tier 1 (Investor) visa allows individuals with substantial funds to invest in the UK. To be eligible for this visa, the individual must:

1. Prove that they have access to at least £2 million in investment funds.
2. Provide evidence of the source of their funds.
3. Invest their funds into approved UK investments, such as UK government bonds or shares in UK companies.

C. Tier 1 (Exceptional Talent) Visa

The Tier 1 (Exceptional Talent) visa is for individuals with exceptional talent in science, humanities, engineering, medicine, digital technology, or the arts. To be eligible for this visa, the individual must:

1. Be endorsed by a designated endorsing body, such as Tech Nation for digital technology or the Royal Society for science.
2. Prove that they have exceptional talent in their field and that their work has been recognized internationally.
3. Provide evidence of their achievements and contributions to their field.

Overview of Tier 2 Visas

The Tier 2 visas are for skilled workers with a job offer from a UK employer who holds a valid sponsor license. These visas allow foreign workers to come to the UK and work in a skilled job for a specified period of time.

Tier 2 (General) Visa 

The Tier 2 (General) visa is for skilled workers who have a job offer from a UK employer in a role that cannot be filled by a settled worker. To be eligible for this visa, the individual must:

1. Have a job offer from a UK employer with a valid sponsor license.
2. Hold a certificate of sponsorship from the UK employer.
3. Prove that they meet the minimum salary requirements for the role they have been offered.
4. Pass the Points-Based System (PBS) test, which assesses factors such as qualifications, age, and work experience.

Tier 2 (Intra-Company Transfer) Visa 

The Tier 2 (Intra-Company Transfer) visa is for employees of multinational companies who are being transferred to a UK branch of their company. To be eligible for this visa, the individual must:

1. Have a job offer from a UK branch of their company.
2. Hold a certificate of sponsorship from the UK branch.
3. Prove that they meet the minimum salary requirements for the role they have been offered.
4. Have worked for their company for at least 12 months.

Points-Based System (PBS)

Overview of the PBS

The Points-Based System (PBS) is a system used by the UK government to assess and manage applications for immigration visas to the UK. It operates on a points-based system, where applicants must score enough points to be eligible for a visa. The PBS is used to assess applicants for Tier 1 and Tier 2 visas, among others.

How does the Point-based system work?

The PBS operates by assessing applicants on various factors and awarding points based on their scores. The factors assessed include:

1. Qualifications: Applicants can earn points for their qualifications, such as degrees or professional qualifications.
2. Age: Younger applicants are generally favored over older applicants and can earn more points.
3. Work experience: Applicants can earn points for relevant work experience.
4. English language ability: Applicants must prove that they have good English language ability and can earn points for their test results.
5. Sponsorship: Applicants can earn points for having a valid certificate of sponsorship from a UK employer.

Once the applicant has earned enough points, they may be eligible for a visa. However, the number of points required may vary depending on the specific visa category.

Application Process

Overview of the Application Process

The application process for a UK visa is as follows:

1. Check if you are eligible for the visa category you are interested in.
2. Obtain a certificate of sponsorship from a UK employer (if applicable).
3. Complete the online visa application form.
4. Pay the visa application fee.
5. Attend a biometric appointment to provide your fingerprints and a digital photo.
6. Submit your supporting documents.
7. Wait for a decision on your visa application.

Required Documentation

The following documents are typically required for a UK visa application:

1. A valid passport or travel document.
2. A certificate of sponsorship (if applicable).
3. Proof of qualifications, such as degrees or professional certificates.
4. Proof of English language ability, such as an IELTS test certificate.
5. Proof of financial support, such as bank statements or a letter from an employer.
6. Proof of work experience, such as a CV or references from previous employers.

Application Fees

The visa application fee for a UK visa varies depending on the visa category and length of stay. The fee is usually paid when submitting the online visa application form and is non-refundable, even if the visa is refused.

Summary of Key Points

• The UK has a Points-Based System (PBS) for assessing and managing applications for immigration visas.
• Tier 1 and Tier 2 visas are for skilled workers and those with job offers from UK employers, respectively.
• The visa application process involves completing an online form, paying a fee, attending a biometric appointment, and providing supporting documents.

Final Thoughts and Recommendations

• It is important to carefully research and understand the requirements and eligibility criteria for the specific visa category you are interested in.
• Make sure to have all required documents ready, including proof of qualifications, English language ability, financial support, and work experience.
• Check the latest information and guidance on the UK government’s official website, as the immigration rules and policies are subject to change.
• Consider consulting with a qualified immigration lawyer or professional for guidance on the visa application process.