Embassy of the United States San Jose, Costa Rica

The Immigration and Nationality Act provides a yearly limit of 140,000 employment-based immigrant visas, which are divided into five preference categories. They usually require a labor certification from the US Department of Labor (DOL) and the filing of a petition with the United States Citizenship and Immigration Services (USCIS). 

EmploymentT First Preference (E1)

Priority Workers must have an approved Form I-140, Immigrant Petition for Alien Worker, normally filed by the employer in the US with the USCIS. They include:

• People of extraordinary ability in the sciences, arts, education, business, or athletics. Applicants must have extensive documentation showing national or international acclaim and recognition in their field of expertise. They do not have to have a specific job offer, and can file their own petition with the USCIS.
• Outstanding professors and researchers with at least three years experience in teaching or research, who are recognized internationally. No labor certification is required for this classification, but the prospective employer must provide a job offer and file a petition with the USCIS; and
• Executives and managers who have already been employed by a US company’s affiliate, parent, subsidiary, or branch. No labor certification is required, but the prospective employer must provide a job offer and file a petition with the USCIS. 

Employment Second Preference (E2)

Professionals Holding Advanced Degrees, or Persons of Exceptional Ability in the Arts, Sciences, or Business. All applicants must have a labor certification, or establish that they qualify for one of the shortage occupations. A job offer is required and the US employer must file a petition on behalf of the applicant. 

Employment Third Preference (E3)

Skilled Workers, Professionals Holding Baccalaureate Degrees and Other Workers. All applicants require an approved Form I-140 petition filed by the prospective employer. All require a labor certification or evidence that they qualify for one of the shortage occupations. 

Employment Fourth Preference (E4) 

All applicants must be the beneficiary of an approved I-360, Petition for Special Immigrant, except overseas employees of the U.S. government who must use Form DS-1884. This category also includes special immigrant religious workers. 

Employment Fifth Preference (E5)

Employment Creation Investor applicants must file a Form I-526, Immigrant Petition by Alien Entrepreneur, with the USCIS. To qualify, the applicant must invest between US $500,000 and $1,000,000, in a commercial enterprise which creates at least 10 new full-time jobs for US citizens, permanent resident aliens, or other lawful immigrants, not including the investor and his or her family. 

Labor Certification

A person whose occupation requires a labor certification must have prearranged employment in the United States.

The prospective employer will coordinate with the prospective employee to file the appropriate forms for the Labor Certification in the United States where the work will be performed. The employer will be notified by the Department of Labor (DOL) when labor certification is approved or disapproved. 

If a labor certification is granted, the employer may then file a Form I-140, Immigrant Petition for Alien Worker, with the DHS for the appropriate preference category.

The First Step: Filing The Immigrant Visa Petition

All intending immigrants who plan to base their immigrant visa application on employment in the United States must obtain an approved immigrant visa petition, filed by their prospective employer, from the United States Citizenship and Immigration Services (USCIS). 

If a labor certification is granted, the employer must first obtain that and then file a Form I-140, Immigrant Petition for Alien Worker. The USCISwill forward the approved petition to the National Visa Center, which will contact the intending immigrant with further information. 

The Second Step: Gathering Documents and Preparing For The Immigrant Visa Interview

Once you have received the "Instruction Package for Immigrant Visa Applicants", the intending immigrant (your prospective employee) must follow the instructions regarding the visa fees and documentation.
Do not send any payments to the Portsmouth, NH address, as they will be returned to you. Send the payment and fee bill(s) to the address provided by the National Visa Center.When they have received your immigrant visa fee they will send you the immigrant visa application ( along with further instructions.

The Third Step: The Immigrant Visa Interview

Once the US Embassy in San Jose has received your immigrant visa case from the National Visa Center, the Immigrant Visa Unit will schedule the immigrant visa interview.
Appointments are necessary for immigrant visa interviews. Everyone applying for immigration must appear in person, the principal applicant (prospective employee) and eligible accompanying family members. 
You will need to have a medical exam. The fee for the medical exam is in addition to fees paid directly to the US government. You pay this fee, in colones, to the clinic directly.If all the required documentation is in order and the interviewing officer is satisfied that the beneficiary qualifies for the immigrant visa, the visa will be authorized and printed the day of the interview.

The Final Step: After The Visa Is Approved And Issued

Once you have received your immigrant visa, you must enter the United States within 6 months of visa issuance to obtain an alien registration receipt or "green" card (Number I-151 or I-551) that will allow you to live and work in the United States.

At the port of entry Department of Homeland Security (DHS) officials will take the immigrant visa and assign you an " alien number." Officials will stamp your passport with this number and make a notation that you are registered for an alien registration card.

It normally takes several months for DHS to process and send the alien registration card to you. In the interim, the passport stamp permits employment and travel until the card arrives.

You may depart and return to the US before you receive the alien registration receipt card, as long as the DHS stamp in you passport has not expired. 

Should you wish to leave the US and your stamp has expired and you have not yet received your alien card, you should contact DHS in the US BEFORE departure to ensure permission to return to the US 

If, in the future, you plan to live outside the US for more than 12 months, you must apply for a re-entry permit in the US BEFORE departure. The maximum validity of this document is two years. If the relocation is permanent, you should formally abandon your permanent resident status by returning your "green" card to the local US Embassy or Consulate.

Without a re-entry permit, any absence from the US of 12 months or longer, or any residence established outside the US, is considered grounds for loss of permanent resident status.

If you have any questions, please contact us at: consularsanjose@state.gov .