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How to work for a US company and get your visa (EB-3 and H-1B)

The United States has the world's largest economies. Because of this, there are times when US companies are unable to find employees from within the US to fill needed positions in the company. These companies often look across US borders to fill needed jobs. To help fill the needs of US companies, the US government offers many different types of employment-based visas. The EB3 and H1-B visa for example, are designed to help companies recruit workers who are foreign nationals.

The EB3 visa is an employment-based immigration visa; third preference. To be eligible for this visa you must be a “skilled worker”, “professional”, or “other worker”.

To be eligible as a “skilled worker”, your job must require a minimum of 2 years of experience or training to be qualified for the job you are being recruited to perform in the US.

For a “professional”, your job must require that you have either a US baccalaureate degree (or its foreign equivalent) and are a member of the profession you work for.

Finally, the “other workers” category does not require the 2 years' experience and training. Furthermore, it may be an unskilled employment position.

None of these categories can be either seasonal or temporary; they must all be full time employment.

The “other worker” category is the lowest standard for the EB-3 visa, however because of this there are a lot of applications for this visa. Because of this, the US government has a long backlog of applications for this visa.

What makes this an attractive visa for a married person with a spouse and children (under the age of 21) is that your family is allowed to come with you. This means that you will not be separated during your time in the USA. What's more, while in the USA, your spouse can apply for a work authorization so that she can work, if she chooses to.

For any of these categories, the applicant must have a job offer from a US employer for a permanent position. This means that a US company cannot hire a foreign national for seasonal or part time work.

The H1-B visa is a temporary visa that allows you to come work in the US for 3 years (with the possibility of an extension). This visa is for a specialized position. For the job to be considered a specialized position, the very minimum an applicant must have obtained is a bachelorettes degree for an entry level position. The position can also be so specialized and complex that a bachelorettes degree or higher is needed to perform the tasks associated with the job.

This visa also requires a permanent job offer and a labor certificate.

Like and EB-3 visa, the H-1B visa allows the spouse and children under the age of 21 to travel with the applicant to the United States.

This is an immigration legal blog. It is not intended to be used as legal advice. For further information please contact the law offices of attorney Ramona Kennedy.

Ramona Kennedy (Attorney) received her Jurisprudence Doctorate in America and is a licensed attorney in California (USA). Ramona Kennedy is a member of American Immigration Lawyers Association (AILA). Ramona Kennedy is fluent in English and Farsi (reading & writing) & speaks Azeri Turkish.

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