10/23/2025
enes

Building my career and future

Introduction

Building a career and shaping a future in a new countray is a dream for many individuals around the world. The journey towards this goal involves navigating the complexities of immigration law, which can often seem daunting. Understanding the legal pathways available, as well as the requirements and procedures, is essential for anyone looking to move abroad for professional reasons. This blog post aims to provide a comprehensive overview of the immigration laws relevant to professionals and skilled workers, offering guidance on how to embark on this exciting but challenging journey. e

The United States offers several avenues for individuals seeking to build their careers and futures within its borders. Key among these are employment-based visas, adjustments of status, and pathways for entrepreneurs and investors. The foundation of U.S. immigration law in this context is the Immigration and Nationality Act (INA), which outlines the categories and criteria for nonimmigrant and immigrant visas.

  • Employment-Based Visas (EB): The INA provides for employment-based visas in several categories, from EB-1 for individuals with extraordinary abilities to EB-5 for investors. Each category has specific requirements detailed in INA sections 201 to 204 and corresponding regulations in the Code of Federal Regulations (CFR), particularly 8 CFR § 204.5.

  • H-1B Visas: For many professionals, the H-1B visa is a common starting point. This visa is designated for specialty occupations requiring a higher education degree. The governing provisions are found in INA § 101(a)(15)(H), and the USCIS Policy Manual provides detailed guidance on eligibility and application procedures.

  • Adjustment of Status: For those already in the U.S., adjusting status to a permanent resident based on employment is outlined under INA § 245 and 8 CFR § 245. This process allows individuals to transition from temporary to permanent status without needing to return to their home country.

Process and Requirements

Employment-Based Visas

  1. Determine Eligibility: Review the specific criteria for the EB category relevant to your situation. For most professionals, this will be EB-2 or EB-3, which require a job offer and a labor certification.

  2. Labor Certification: Obtain a Labor Certification from the Department of Labor, which verifies no qualified U.S. workers are available for the position (8 CFR § 204.5(l)).

  3. Petition for Visa: File Form I-140, Immigrant Petition for Alien Worker. This form must be filed by the employer and approved by USCIS.

  4. Adjustment of Status or Consular Processing: Once the I-140 is approved and a visa number is available, you can either adjust your status (if in the U.S.) using Form I-485 or proceed with consular processing abroad.

H-1B Visas

  1. Labor Condition Application: Your employer must file a Labor Condition Application (LCA) with the Department of Labor, attesting to compliance with wage and working condition requirements.

  2. File H-1B Petition: Once the LCA is approved, your employer files Form I-129, Petition for a Nonimmigrant Worker.

  3. Visa Application: If outside the U.S., you apply for an H-1B visa at a U.S. Embassy or Consulate after your I-129 is approved.

Common Challenges and Considerations

  • Cap and Lottery: The H-1B visa has an annual cap, and demand often exceeds supply, resulting in a lottery. Planning for alternative visa options is prudent.

  • Processing Times: Delays and processing times can vary significantly, impacting job start dates and project timelines.

  • Changing Employers: H-1B visa holders seeking to change jobs must navigate the portability provisions under INA § 214(n), ensuring they do not inadvertently violate status.

Practical Tips and Recommendations

  • Early Planning: Start the visa application process as early as possible, especially for H-1B visas, to navigate the cap and lottery system.

  • Documentation: Ensure all documentation is thorough and accurate. Errors or omissions can result in delays or denials.

  • Legal Counsel: Consider consulting with an immigration attorney to navigate complex scenarios, such as changing employers or adjusting status.

Next Steps

For those embarking on the journey of building a career and future in the United States, understanding the intricacies of immigration law is crucial. Begin by:

  • Assessing Eligibility: Review the criteria for the visa category that aligns with your career goals and qualifications.

  • Gathering Documentation: Start compiling necessary documentation, including educational credentials, employment records, and any certifications required for your profession.

  • Consulting Professionals: Engage with legal professionals and potential employers early in the process to ensure you're on the right path and to explore all possible avenues for immigration.

Embarking on a professional journey in a new country is both exciting and challenging. With the right preparation and guidance, you can navigate the complexities of immigration law to build a successful career and future.

About This Post

This analysis was inspired by a public discussion on Reddit: https://reddit.com/r/immigration/comments/1odn8mt/building_my_career_and_future/

Immigration law is complex and constantly evolving. While this post provides general information based on current law and policy, every situation is unique.

This post provides general information and is not legal advice. Laws can change and your facts matter. To get advice for your situation, schedule a consultation with an attorney.

Schedule a consultation

← Blog & Resources