The United States has specific processes for those wishing to come to the United States for employment purposes. Employment-based visas are based on knowledge and job skills considered to be of long-term benefit to the U.S. job market. Meanwhile, certain entrepreneurs wishing to invest in the United States may be able to apply for either temporary or permanent visas to remain in the country.
From our locations in Irving, Texas, and Albuquerque, New Mexico, John W. Lawit, LLC helps businesses nationwide bring workers into the country. In the process, we also help people from around the globe obtain employment visas to help U.S. businesses meet their employment needs.
The application process for employment-based immigrant visas is complicated. There are five preference categories of visas based on the skills, education and abilities of individual workers. Each preference category has a unique set of requirements and directives. Depending on the type of visa and the immigrant's country of origin, both the Department of Labor and the U.S. Citizenship and Immigration Services (USCIS) may require applications at different points in the application process. In addition, numerical limitations on the issuance of visas can cause long wait periods for applicants. Improperly filed petitions can be rejected and hinder the applicant's chances of obtaining a visa in the future.
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Nonimmigrant visas are used for projects that are limited in length, anywhere from a few months to a few years. The most common type of temporary visa is the H-1B visa, available to foreign nationals who have specialized skills. Because applications for H-1B far exceed the number available, working with an immigration lawyer to make sure applications are filed quickly and accurately can be critical to getting the workers you need.
TN visas were created as part of the North American Free Trade Agreement and are available exclusively to citizens of Canada and Mexico. Unlike the H-1B, TN visas can be extended indefinitely. Only professionals with a baccalaureate or Licenciatura degree qualify under TN visa guidelines. The guidelines also list 63 types of qualifying positions that include medical professionals, teachers, managers, designers and other skilled professionals. Unskilled workers do not qualify for the TN visa.
There are several other types of nonimmigrant visas for other workers; L visas are used by international companies to transfer employees between branches in different countries, R visas are used for religious workers, and O visas are used for people with extraordinary abilities or who have earned distinction in their field.
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If you need assistance filing an employment visa application or addressing any other employment-based immigration matter, call us at 214-609-2242 or submit our online form to set up an initial consultation. Members of our team are fluent in Spanish, Korean and a variety of other languages.In a global economy, talent is a transferable resource. You never know where your knowledge and skills will be in the highest demand. If you have found a position in the United States, then you may be able to immigrate and live in the country indefinitely. You will first have to get an immigration visa. And this is best done by hiring legal representation from a reputable law firm.
Having an employment visa will allow you to work in the United States. The company that has recruited you can sponsor your application. You can apply for a temporary or permanent visa. Regardless of the type of visa you seek, you will need to submit detailed information about your work history, home country, and what you intend to do in the country.
Attorneys who are well-versed in handling work visa cases in Los Angeles help companies and immigrants submit such applications to the proper authorities. The visa process has changed over the last decade. There is more scrutiny than ever, and the process is more challenging. However, highly qualified professionals are still welcome to the United States. An immigration lawyer in Los Angeles will provide you with the insight and advice you need to navigate the process successfully.
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You may be recruited to work on a specific project or some other line of work that has a fixed expiration date. If this is the case, then you will want to seek a temporary employment visa. The H1-B visa program is the most common type of temporary visa. You can only get this kind of visa if you possess skills that are relevant to the job and if your employer can justify their need to recruit workers outside of the country.
You can also apply for an L visa if you are an employee in an international company and need to transfer to a U.S. office of your firm for a certain amount of time. L visas are also for agricultural workers, free trade professionals, athletes, and those who work in education, research, and the arts.
Obtaining a permanent visa will give you more rights and protections under the law. A permanent visa will never expire, and it will allow you to bring your spouse and young children to the United States. The U.S. issues thousands of visas each year. You will have a better chance of getting one if you have exceptional skills and talent.
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The EB-1 visa is for workers of extraordinary ability in the fields of academia and business. Those with the right qualifications and expertise may fall into this category. Qualified immigrants include persons who are at the top of their field in academia and executives of global companies.
The EB-2 visa is for workers who have advanced degrees seeking employment-based green cards. They are also for people with exceptional ability in the sciences, arts, and business, and for people who advance the national economy or the cultural or educational interests of the nation. This visa would allow them temporary to permanent residency in the U.S.
The EB-3 visa is for skilled workers and professionals who have at least 2 years of experience in their field and can demonstrate that they are qualified for the position they seek.
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Around 140, 000 employment sponsored visas are given to immigrants each year. Once their application is processed, they become citizens of the United States. As previously listed, there are five different employment visas based on strict criteria and eligibility. The EB-4 visa is allocated to specialized immigrants, like religious workers. Other immigrants who may apply to work in the United States are:
Depending on the classification, your family may be able to join you. However, you children must be under the age of 21 and unmarried. This article clarifies EB-4 visa requirements , possible application fees and obtaining permanent resident status.
The attorney you hire will help you complete and submit your application. One of the first things they will do is get a labor certification. This involves getting the United States Department of Labor to certify that there is an insufficient number of U.S.-born workers who are qualified and available to work in the job for which your company needs you. This document further certifies that your employment will not adversely affect the wages and working conditions of U.S. workers who are similarly employed.
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If you are an employer, an employment-based immigration attorney in Los Angeles can help you get work authorization for employees who were once unable to work in the United States. The recently developed Employment Eligibility Verification Form (Form I-9) reduces the amount of paperwork needed to employ someone. It gives employers the ability to make a good faith defense against oversights when vetting prospective employees, and it offers some protection against government sanctions and criminal prosecution.
If you have found the perfect job in the United States, you should not be discouraged from it by the visa application process. If you have a company that is desperate to employ you, then they will give you the sponsorship and legal support that you need to get through it. You may need to return to your home country after a time. However, it may be possible for you to obtain a permanent visa and make a home in the United States. You will then be able to bring your family over. Obtaining a permanent employment-based visa will also provide you a clear path to citizenship.U.S. Immigration law provides several avenues for immigration including immigration path for individuals employed in the USA by private employers in certain occupations. Eligibility for employment based immigration categories practically always, with some very few exceptions discussed on these pages, predicated on an employer’s desire to petition for immigration of the worker and ability to demonstrate the need for the worker including that there are no U.S. workers available to fill the particular jobopportunity.
U.S. immigration law holds ability of the U.S. Citizens and Legal Permanent Residents to find employment in the USA sacred and strives to preserve it, making employment-based immigration rather cumbersome and technically as well as procedural complicatedendeavor.
Employment Based Immigrant Visa & Green Card Usa
There are five categories of employment based immigration applications, which carry significant annual numerical limitation on visas and technical difficulties in the application process. Hence, employers are encourages to hire experienced immigration attorneys to handle these applications on theirbehalf.
The United States makes approximately 140, 000 immigrant visas available
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