Permanent Work Visa USA – Apply from Nigeria

Want to Work in the United States?

IAS is a team of expert immigration lawyers that can help you build your home and career in the USA. We can help you with your application process and with permanently settling you and your family abroad.

Let us help you with your exciting journey.

Nigerian Emigration

For Nigerian emigration matters, please call +44 (0) 3316300929 or +2342013438882

Other Immigration and Emigration Matters

For immigration/emigration to/from other countries, please call:

US –  +1 844 290 6312

Ireland –  (+353) 061 518 025

UK –  (+44) 333 4149244

What Is a U.S. Work Visa?

A U.S. work visa is a highly sought after visa opportunity that allows foreign nationals to live and work in the U.S. on a permanent basis. Nigerian applicants can gain a work permit by applying for one of two types of visas: a non-immigrant visa or an immigrant visa.

Non Immigrant Visa

Non immigrant visas allow foreign nationals to travel to the United States on a temporary, short term basis. This visa is issued for tourism, studying, getting medical treatment, and business purposes, and offers some working rights for certain lines of temporary work. For example, you may apply for a non-immigrant visa if you are travelling to the U.S. as an au pair, or if you have been recognised as having extraordinary talents in the arts, business, education, sciences or sports.

Immigrant Visa

The rest of this page outlines everything you need to know about immigrant visas, i.e. permanent work visas.

If you wish to move to the United States to live and work on a permanent basis, you must apply for a permanent work visa under the immigrant visa category. In most cases, you will be required to have someone sponsor you, such as a family member or an employer, unless you are able to petition for yourself – Fifth Preference visas usually allow you to do this as an investor.

Please note that immigrant visas are not the same as a Green Card, but is the type of visa you need if you plan on obtaining permanent residence in the U.S. in future.

Visa Waiver Program

The Visa Waiver Program (VWP) allows foreign citizens of certain countries to travel and work in the United States without needing to apply for a visa.

The Visa Waiver Program is not available for Nigerian citizens. However, if you have dual citizenship in a country that is included on the VWP list, then this route could be a good option for you depending on your work visa needs.

Exceptions may apply if you are travelling for military or diplomatic purposes.

What Are the Eligibility Criteria for a Permanent Work Visa in the USA?

There are many different types of work visas available in the U.S. for a foreign worker, and many routes allow you to apply for permanent residence. The different types of eligible work categories are outlined below.

Living and working in the United States offers many exciting opportunities for you, your family, and your business. A permanent work visa allows you to live and earn in the U.S., a lucrative decision considering the U.S. dollar is one of the most stable currencies in the world.

There are great benefits to starting a business in the U.S. too, and could offer the opportunity and connections to open doors to further expansion worldwide.

Understanding which visa is the right one for you can be very difficult. We understand that you want to be sure you are following the right route and application process for your personal situation. We can help.

Contact us online or call us today on +44 (0) 3316300929 in the U.S. or on +2342013438882 in Nigeria, or visit our office in Lagos.

First Preference Immigrant Worker (EB-1)

First Preference Immigrant Worker visas are offered to foreign nationals who are deemed to have ‘extraordinary ability’ in their particular field.

You might be considered for this visa if you meet one of the following criteria:

• Have extraordinary abilities in arts, athletics, business, education, or sciences
• Are an outstanding researcher or professor
• Are a multinational manager or executive.

Applicants of Extraordinary Ability

Applicants who are applying for an EB-1 visa under the extraordinary ability category must be able to prove with extensive documentation that they have been recognised to national or international acclaim in their field of expertise.

You will need to provide evidence of a one-time, major internationally-recognised achievement, e.g. the Pulitzer prize, Nobel prize or an Oscar. Otherwise, you will need to prove examples of:

• Leading in a critical role in an acclaimed organisation
• Being well-renowned and frequently published in your field
• Being a member of an association that demands outstanding achievement from its members
• Being highly paid comparative to others in your field on the same level
• Evidence of major original artistic, athletic, business, scholarly or scientific contributions to your field

You do not need to have received a job offer in order to apply for this visa, and you can file your own petition using Form I-140.

Outstanding Professors and Researchers

Applicants who are applying for an EB-1 visa under the outstanding professors and researchers category must be able to prove that they have at least threehree years of experience teaching or conducting research, and must be internationally recognised.

Applicants must be moving to the U.S. to pursue tenure, tenure track teaching, or a comparable position in research activities at a university or other higher education institution.

The applicant must have a job offer from a U.S. employer file a petition on their behalf by filing Form I-140.

Multinational Managers or Executives

Applicants who are applying for an EB-1 visa under the multinational managers or executives category must be able to prove that they have been employed for at least one of the three previous years by an overseas affiliate, parent, subsidiary, or branch of their U.S employer.

The applicant must have been in a managerial or executive position in their work abroad and must continue working within these job tiers in the U.S.

The applicant must have an offer of employment and a U.S employer must file a petition on their behalf by filing Form I-140.

Second Preference Immigrant Worker (E2)

You may be abble to apply for an Second Preference immigrant worker if you meet one of the following criteria:

• Work in a profession that requires an advanced degree
• Have exceptional abilities in the arts, business, or sciences
• Are seeking a national interest waiver

Applicants applying for an E2 visa usually need to submit a labor certification approved by the Department of Labor. Your employer will need to file a petition on your behalf by filing Form I-140.

Professionals Holding an Advanced Degree

Applicants who are applying for an E2 visa under the subcategory of ‘professionals holding an advanced degree’ must have a minimum of five years professional experience where career progression is clear.

Persons with Exceptional Ability

Applicants who are applying for an E2 visa under the subcategory of ‘persons with exceptional ability’ must be able to prove that they have a degree of expertise and above ordinary talents or achievements in their field, usually in the sciences, arts, or business.

Third Preference Immigrant Worker (E3)

You will be considered a Third Preference immigrant worker if you meet one of the following criteria:

• Are a skilled worker with a minimum of 2 years of training or work experience
• Are a professional worker with at least a U.S. bachelor’s degree or foreign equivalent
• Are an unskilled worker who will be performing unskilled labour.

Skilled Workers

Applicants who are applying for an E3 visa under the skilled workers category must have trained or have work experience for a minimum of two years in their field. Temporary or seasonal experience will not be accepted.

Professionals

Applicants who are applying for an E3 visa under the professional category should have a job that requires least a baccalaureate degree from a U.S university or college, or the foreign equivalent.

Unskilled Workers (Other Workers)

Applicants who are applying for an E3 visa under the unskilled/other workers category should prove that they are capable of fulfilling job roles that require less than two years of training or experience. Temporary and seasonal work or experience will not be accepted.

Fourth Preference Immigrant Worker: Certain Special Immigrants (E4)

You may be eligible for a Fourth Preference immigrant worker if you meet one of the following criteria:

• You are a beneficiary of an approved Petition for Amerasian, Widow(er), or Special Immigrant Form I-360
• Fit into one of the subgroups below:
  • Broadcaster in the USA
  • Minister of Religion and certain religious workers
  • Employees or former employees of the U.S Government abroad
  • Are or have been an employee of the Panama Canal Company or Panama Canal Zone
  • Are a certain foreign medical graduate
  • Are a certain retired employee of an international organisations or NATO-6 civilians (or their spouses or children)
  • A special immigrant juvenile
  • Are a foreign national who has served for the U.S. Armed Forces.

Fifth Preference Immigrant Worker (E5)

You may be eligible for a Fifth Preference immigrant worker if you are an immigrant investor. 140,000 employment based immigrant visas are offered to foreign investors each fiscal year in the U.S. Other categories of this type of visa are:

• C5 – Employment creation outside a targeted area
• I5 – Investor Pilot Program in a targeted area
• R5 – Investor Pilot Program not in a targeted area
• T5 – Employment creation in a targeted rural/high unemployment area

In order to qualify, you must invest without having to borrow from elsewhere a minimum of:

• $1,000,000 USD, or
• $500,000 USD in a high unemployment or rural area

Your investment must also create at least 10 full-time employment opportunities within the first two years of investment. This cannot include hiring family members or partners

What Documents Do I Need to Apply for a Permanent Work Visa?

Each work visa application requires different documentation, and each applicant has a unique circumstance so may require other documents that are not listed below. However, in general, if you are applying from Nigeria, you will be required to submit the following documents:

• Certificate of Birth or Adoption Certificate
• Marriage or Divorce Certificates, if applicable
• Nigerian National Identity Card
• Any police, court, or prison records, if applicable
• Military records, if applicable
• Your current valid passport or other valid travel document
• Education credentials and relevant qualifications according to the visa you are applying for.

How Much Does a Permanent Work Visa Cost?

Permanent work immigrant visa prices vary according to which visa type you are applying for.

In general, the prices are as follows. Please note that costs are subject to change:

Employment-based applications: $345 USD

• I-140
• I-526

Other Immigrant Visa Applications: $205 USD

• I-360 Self-petitioners applicants
• Special Immigrant visa applicants
• SB-1 returning resident applicants
• All others except DV program selectees.

How Do I Apply for the U.S. Permanent Work Visa?

Visa applications can be made from inside the U.S. or abroad. You can apply through the U.S Consulate in Lagos if you are applying from Nigeria.

Usually, a sponsor or family member must file the application on your behalf, unless you are considered able to petition on your own behalf (this is often offered to investors, for example). The application must be filed with the U.S. Citizenship and Immigration Services (USCIS).

You will be required to follow these steps:

1. Submit a Petition for USCIS approval
2. Await NVC Processing
3. Pay Fees
4. Have your sponsor sign an Affidavit of Support (Form I-864), which accepts financial responsibility for the applicant

5. Submit Financial Documents
6. Complete the Online Application for Immigrant Visa and Alien Registration (Form DS-260)
7. Collect civil documents
8. Scan documents
9. Submit documents
10. Prepare for your interview
11. Attend applicant interview
12. Wait for the decision

Applying for a visa in the USA can be overwhelming, as it can be difficult to know if you are choosing the right visa for your personal needs. It can also be complicated if you are struggling to access certain documents, or if you have previous criminal convictions.

Contact us online or call us today on +44 (0) 3316300929 in the U.S. or on +2342013438882 in Nigeria, or visit our office in Lagos.

How Can IAS Help?

Many Nigerians and other foreign nationals from all over the world apply to work in the U.S. permanently every year. Each individual has various different reasons and goals for their time spent in the U.S., whether it’s moving for a dream job, to build an exciting business, to be closer to family, or simply for the desire to spend time working and living in the United States.

Whatever your reasons, we appreciate that the decision to move to the U.S. is a very big step, that requires a lot of time planning, filling out application forms, and organising your finances and your personal life. This can be an overwhelming task, especially if you currently work full time. It can be difficult to understand exactly what you need to do to apply for a work visa in the U.S., and whether you are choosing the right route for you.

If you have applied for an employment based immigrant visa to work in the U.S. previously and your application has been refused, this can be extremely disheartening. But hope is not lost – we can help you.

IAS can offer you a team of expert immigration lawyers who can guide you through the entire application process, as well as support you with the legalities of moving you and your family abroad. We also help businesses with the big move.

Contact us online or call us today on +44 (0) 3316300929 in the U.S. or on +2342013438882 in Nigeria, or visit our office in Lagos.