Each year, the United States government makes approximately 140,000 immigrant visas available for noncitizens (and their spouses and children) who wish to immigrate based on their work skills. The employment visa process is complex and often requires employer involvement. Immigration and work visa attorney Mustafo Davlatov has more than a decade of immigration law experience that includes extensive work on behalf of employers and individuals seeking employment visas. Based in Brooklyn, New York, Davlatov Law Firm, P.C. serves clients worldwide.
After about 10 years working as an immigration lawyer in other law firms, Mustafo Davlatov established his own immigration law firm in 2021. His practice focuses on helping individuals and families from Central Asia and Turkey receive immigration assistance from an attorney who understands their roots, culture, and language. Mustafo’s personal dedication to clients and his extensive knowledge and skill have earned him a strong reputation as a client-focused, results-driven immigration and work visa attorney who is passionate about helping clients successfully navigate the complex immigration system, including the employment visa process.
Having emigrated from Tajikistan in 2009, Mustafo has special insight into the concerns and issues faced by his clients. Davlatov Law Firm provides legal services in multiple languages. Mustafo and his paralegal team members are fluent in a number of languages, including Tajik, Russian, Uzbek, and Turkish. Mustafo believes it is important for clients to be able to communicate in their own language whenever possible, rather than relying on translation services.
The U.S. government has five employment-based preference categories for work visas. For some of the categories, an applicant must have a job offer from a U.S. employer. In some cases, the prospective employer must first obtain a labor certification approval from the U.S. Department of Labor before filing a petition with the United States Citizenship and Immigration Services (USCIS) for the appropriate employment-based preference category. Persons with extraordinary abilities in the first preference category (EB-1) may file their own petitions.
For an employer wishing to sponsor an individual for an employment visa, or an individual interested in applying, getting advice from a knowledgeable immigration lawyer is strongly recommended before proceeding. The requirements and process are detailed and complicated. Work visa attorney Mustafo Davlatov has the experience and skills to help employers and individuals navigate the complex employment visa process.
An individual must qualify in one of five employment preference categories to apply for a work visa. The categories are as follows:
The EB-1 category, which includes priority workers and persons of extraordinary ability, does not require a labor certification. There are three subcategories in the first preference category:
The first EB-1 subcategory includes persons with extraordinary ability in the sciences, arts, education, business, or athletics. Detailed documentation is necessary to demonstrate sustained national or international recognition in the field of achievement. If the individual is entering the U.S. to continue working in the field of extraordinary ability, a specific job offer is not necessary. An applicant in this subcategory may file their own petition; an employer sponsor is not required.
Internationally recognized researchers and professors with at least three years of experience in research or teaching may qualify in this subcategory, if they are coming to the U.S. to pursue tenure, tenure track teaching, or a comparable research position at an institution of higher education. A prospective employer must make a job offer and file the petition as the individual’s sponsor in this subcategory.
This subcategory includes multinational managers or executives employed for at least one of the three preceding years by an overseas affiliate, parent, subsidiary, or branch of the U.S. employer. The applicant must be coming to work in the U.S. in an executive or management capacity. A job offer is required; the employer files the work visa petition as sponsor.
In the EB-2 preference category, a labor certification and job offer are required. The employer files the petition as the applicant’s sponsor, unless an applicant receives an exemption called a national interest waiver.
There are two subcategories in the EB-2 category: (1) Professionals with an advanced degree beyond a baccalaureate degree or a baccalaureate degree and at least five years of progressive experience in the profession; and (2) Persons with exceptional ability in the sciences, arts, or business, which means having expertise significantly above the level normally encountered.
In the EB-3 preference category, a labor certification and job offer are required. The employer files the petition as the applicant’s sponsor.
There are three subcategories in the EB-3 preference category: (1) Skilled workers whose jobs require a minimum of two years of training or work experience, excluding temporary and seasonal workers; (2) Professionals whose job requires at least a baccalaureate degree from a U.S. higher education facility or a foreign equivalent degree; and (3) Unskilled workers (other workers), who are capable of filling positions that require less than two years of training or experience, excluding temporary and seasonal workers.
The EB-4 category is reserved for certain special immigrants, which includes certain religious workers, employees of U.S. foreign service posts, retired employees of international organizations, noncitizen minors who are wards of a U.S. court, and other numerous specific classes of noncitizens. It does not require a labor certification or an employer sponsor.
The EB-5 category does not require a labor certification or employer sponsor. It is reserved for business investors who invest $1.8 million in a new commercial enterprise employing at least 10 full-time U.S. workers. In targeted employment areas, the investment amount is $900,000.
The process begins with submission of a petition for an employment visa to USCIS. After USCIS approves a petition, it is sent to the National Visa Center (NVC) for processing. After the applicant pays the appropriate fees, the NVC requests the required immigrant visa documents, including application forms, civil documents, and other required information.
When all documents are in order, NVC schedules an interview with the applicant at a U.S. Embassy or Consulate. NVC sends the applicant instructions concerning medical examination and vaccination requirements, which the applicant must complete before the interview. Digital fingerprint scans are taken on the day of the interview. After the interview, the consular officer determines whether the applicant is eligible to receive an immigrant visa.
The length of time for processing an employment-based immigrant visa case varies greatly, because the number of visas issued in each category are numerically limited. It is not possible to predict with accuracy how long an application will take to receive approval. Delays may occur from improperly followed instructions or due to administrative processing after the interview.
Getting assistance from an experienced work visa attorney in navigating the employment visa process is strongly recommended. The process and paperwork are complex and detailed. Any mistake can derail the process and consume valuable time. Having professional assistance from a work visa attorney goes a long way toward minimizing delays caused by issues within the control of the applicant.
At Davlatov Law Firm, we help clients navigate the complex employment visa process, as part of our wide-ranging immigration legal services. From our office in Brooklyn, New York, we assist clients worldwide. For individuals and families, we provide services in multiple languages, including Tajik, Russian, Uzbek, and Turkish.
Your first consultation is always free of charge. Please contact us or schedule an appointment to talk with us about your immigration concerns.
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