An employment-based visa is the United States Citizenship and Immigration Services (USCIS) nonimmigrant work visa. They are called “employment visas” because they allow employers to hire foreign workers for limited times to perform essential jobs in their company or field.
Certain types of employment visas require an employer to have a job offer, typically paid, for the worker before filing the form I–129. The second most common type does not – it requires only proof that there is a position available for you at a qualified organization with a valid letter of invitation or approval from your current employer. This kind of visa is referred to as a “non-job offer” visa because it doesn't legally depend on an offered position being fulfilled by an eligible employer.
The third most frequent sort of employment visa is what we're discussing today - the "U" visa. A U visa allows a recruiter or sponsor to certify that the person she/he is sponsoring will face some kind of extraordinary hardship if they were deported. If this happens, then USCIS can grant the alien a special parole status which gives them permission to live and work in the country while also requiring them to check in regularly.
This article will discuss how to get a US Employment Authorization Document (EAD), or Work Permit, using a U visa as a basis.
It is very important to have a clear understanding of what constitutes a crime before you can apply for a U visa. This includes knowing whether your actions meet the definition of domestic violence, or if breaking into an apartment qualifies as criminal trespass.
It’s also important to know what kind of law enforcement agency will accept your documentation as proof that you were victimized. Some departments may not recognize online accounts or text messages as legitimate evidence.
In both cases, it’s best to make sure you have all relevant documents well in advance so there won’t be any delays.
The second way to get your U visa is by providing proof that you have lived or are living in the country legally as well as evidence of your lawful status in this country.
You must include documents such as work permits, visas, green cards, and citizenship papers. You also need to prove that you have no criminal records in America or anywhere else for that matter.
It’s important to remember that if you do not have all these documents then it will be difficult to obtain the necessary approval for the U visa. Make sure to check out our article about what to bring when traveling to America.
The second element of this proof is establishing that you have a bona fide, ongoing intimate relationship with the petitioner. You cannot simply say “we’re in a romantic relationship” because that may not be enough information for immigration officials.
They will want to know if there are any other living arrangements or significant changes in the lifestyle (e.g., moving into another home). If so, then they will need to determine whether these alterations indicate an exclusive long-term commitment.
Furthermore, they will look at whether either person has engaged in marital acts or sexual relations with others. If so, then it decreases the chance both people will remain together. So, being married is not necessarily the best way to guarantee a stable relationship!
It’s also important to note that while having lived as roommates or in separate residences is strong proof of your friendship, it is NOT necessary for proving your relationship status under the Immigration Law.
The second way to get your U visa is to pay a application or filing fees. This can be done directly through the USCIS website, by visiting here and choosing Application Support Center (ASC) from the drop down menu. There you will choose which type of U visa you want to file and how much it costs.
The cost for each individual depends on their situation. Some people may qualify for an Employment-Based Petition (EB2), others may need Refugee-Based (O1) or Family-Based (F3) petitioning. People with these types of petitions must spend more money due to additional documents and/or proof needed.
There are also two different timing categories for this step. For those who need to start working as soon as possible, the urgent employment opportunity category has a one month window after payment where employees can begin work. For individuals seeking refuge in the United States, there is no time limit to apply after paying to meet the criteria.
The next step in getting your spouse or fiance’s permanent residence status is applying for the U non-immigrant visa. This requires you to go through an immigration officer at one of our offices, where you will be asked questions about the conditions of your relationship and whether you fear persecution or death if you return home.
You must also prove that you have legitimate reasons to remain in the United States beyond your U visa. If you are able to show this, then it is likely that we can approve your application!
It is very important to understand that even though you only need to live together for a limited amount of time, there are still many things you should consider before filing so that you do not put yourself under too much stress.
A second chance can mean starting over, so it’s important to document your recovery and show how well you are doing now. Show that you have successful relationships that motivate you, and demonstrate responsibility with money. You can include proof of education or employment since you re-entered the workforce, documents confirming your illness no longer precludes you from working, and evidence showing you remain in good mental health.
If you need time to focus on your recovery, consider seeking help through educational programs or counseling services, as well as healthy living resources. Learning about immigration laws is also an excellent way to pass time while you prepare for the next stage of your life.
You may be able to apply for what’s called a nonimmigrant visa under the United States (U.S.) Immigration Law. This includes the VISA, B1/B2 visitor visas, F-1 student visa, and most other nonimmigrants such as TN work visa and H-1b specialty occupation visa.
The second way to get your US visa is by providing proof that you have enough money to support yourself while in America. This can be done through receipts, pay stubs or statements, depending on what kind of visa you are looking to obtain.
You must also show evidence that you will spend this money on living expenses only (rent/mortgage, utilities, groceries, etc.) not for entertainment or personal spending. A friend’s house where you will live may be included in this but their own spending should still be verified.
It is very important to remember that it takes several weeks, if not months, to receive your visa so don’t expect to fly off after buying all of your things! Also, make sure to keep up with your other obligations, like work, during this time as well.
It’s important to stay in the United States while you are waiting for your U visa to be processed. If you have to return home, it could negatively affect your chance of being allowed to remain here temporarily!
If you do need to leave the country, make sure you have enough money to last yourself for at least two weeks because there may be significant delays due to paperwork.
It can take several months before your case is reviewed so don’t expect to wait for someone to review your documents only to find out that you have to head back home soon.
Many people living with undocumented status use what is called “entry credits” or “stay-within-the-country cards” to help them relax and focus on their health and life priorities. These are typically one-year credit cards that allow you to spend up to $1000 per month outside the country. Make sure yours has a large limit since this will increase your spending power during your wait.
