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Employer Sponsorship in Immigration Law

For employment-based immigration visas, there are five preference categories. Spouses and children may join employment-based immigrants.

The process for employer sponsorship is as follows:

• First, the applicant’s prospective employer must obtain labor certification approval from the Department of Labor.

• Then, the employer must file an Immigrant Petition for Alien Worker, Form I-140. This is filed with the U.S. Citizenship and Immigration Services (USCIS). It must be filed for the appropriate employment-based preference category.

• Fees will then be due, and the visa will be processed.

• Once the NVC schedules an interview appointment, the NVC sends the applicant’s file to the U.S. Embassy or Consulate for an interview. After the interview, the consular officer determines whether the applicant qualifies for an immigrant visa. Digital fingerprints will be taken on the day of the interview.

The consular officer will hand you your passport, visa, and sealed packet containing essential documents. Do not open the sealed packet. Upon entering the United States, the sealed packet must be presented to an immigration official, who will open it. Be sure to enter the United States before the expiration date printed on your visa.

It is important to note that any attempt to obtain a U.S. visa by lying or fraud could result in a permanent ban.

A Dallas immigration attorney can provide guidance and interview preparation before the interview by contacting an immigration law firm.

Seeking Asylum as a Refugee

If you’ve experienced past persecution or have a well-founded fear of future persecution in your home country, you might be able to apply for refugee status, potentially allowing you to come to the United States.

The process involves filling out a refugee application form, providing certain documents, attending interviews, and meeting various criteria.

There are annual limits on the number of refugees, as determined by the U.S. president.

The process involves the following steps:

Step 1: Register With a UNHCR Office

You need to find an office of the United Nations High Commissioner for Refugees and file an application with them. Refugee resettlement is ultimately their decision.

Step 2: Evidence to Support Your Claim for Refugee Status

To qualify, you must determine and gather the evidence you need. The most important evidence is an I.D. card, a passport, a national I.D., a driver’s license, or an I.D. card from the military. Even though you can apply for asylum without proof of identification, it is advisable to have an I.D. so your application can be processed more quickly.

Step 3: UNHCR Referral to a Country of Intended Resettlement

Unless you have reasons for requesting otherwise, the UNHCR will refer you to a country where you can apply for asylum. The U.S. will process your claim further if you are referred to the U.S.

Step 4: Interview With the Refugee Support Center (RSC)

After you have gone through the approval process and been interviewed by the RSC, you will be given a refugee asylum visa and granted entry into the U.S.

Step 5: Approval for U.S. Refugee Status

Once approved, you will receive support and immigration benefits from the U.S. government for the first few months and will be integrated into society to a basic level.

The asylum process might seem simple enough. However, an experienced immigration attorney familiar with nationality law could be valuable during this process.