Employment Visa Lawyer

An employment visa allows a person to work in the United States. In many instances, that company must sponsor the applicant for the visa. There are both temporary and permanent options. However, regardless of the specific type, the applicant must provide detailed information concerning the work history, their lives in their home country, and what they intend to do in the United States.

A business immigration lawyer helps both employers and immigrants submit complete applications for employment visas. Throughout the process, a well-versed attorney can advocate on the worker’s behalf to give the application the best chance of success.

Temporary Employment Visas

Most people who seek entry into the United States for a job do so temporarily. For these individuals, the United States Citizenship and Immigration Services offer a variety of temporary employment visas.

The most common is the H1-B visa program. Under this program, an employer sponsors a worker to perform a specific job temporarily. It is important to note that H1-B visas only apply if the worker possesses special skills that are relevant to the job and if the employer can justify their need to seek workers outside the United States.

Other possible forms of temporary employment visas apply to L visas for intracompany transfers of executives and managers, agricultural workers, free trade treaty professionals, participants in cultural exchange programs, and individuals who possess special skills in athletics, education, research, or art. An employment visa lawyer can help workers and employers pinpoint which temporary visa program is right for them.

Obtaining a Permanent Employment Visa

The holder of a permanent employment visa enjoys even greater rights and protections under the law. These visas never expire, and a holder can bring their spouse and minor children into the United States. In total, the United States issues only around 140,000 of these employment-based immigration visas annually, and people with greater skills and talents have higher priority.

There are five categories of permanent employment visas, each of which require an applicant to demonstrate their talents and achievements. These can include substantial awards for art, music, athletics, or academic research. However, preference for these slots is also available for religious workers, people who have served the United States while living abroad, and business investors. The categories include:

  • EB-1 – workers of extraordinary ability, outstanding professors and researchers, and multinational executives and managers
  • EB-2 – workers who are members of the professions holding advanced degrees or their equivalent and workers, who because of their exceptional ability in the sciences, arts, or business, will substantially benefit the national economy, cultural or educational interests, or the welfare of the United States
  • EB-3 – skilled workers (at least two years of experience required), professionals (baccalaureate degree required for position and alien), and other workers (less than two years experience required for position)
  • EB-5 – the EB-5 visa is available for qualified investors who can support economic growth through investment in commercial enterprises in the U.S.

An employment visa lawyer will work to evaluate a person’s claim and make a case for a permanent employment visa based on their set of skills.

Labor Certification

Our firm can assist you with your application to the Department of Labor to certify that there exists an insufficient number of U.S. workers who are able, willing, qualified, and available at the place of proposed employment, and that employment of the alien for whom certification is sought will not adversely affect the wages and working conditions of U.S. workers similarly employed (the employer must therefore be offering the job at the “prevailing wage” in the particular market).

Other nonimmigrant visas exist for students, TN visas for citizens or nationals of Mexico or Canada, exchange visitors, visitors for pleasure and visitors for business purposes.  Call our office today so that we can discuss these options in further detail.

Employer Sanctions

In recent acts, employers have had the opportunity to employ work authorization for employees who were once not able to work in the United States. The Employment Eligibility Verification (form I-9), it reduces the number of acceptable documents, allowing employers with the possibility of a good-faith defense against technical paperwork violations and provides some protection against governmental sanctions and even criminal prosecution.

Let a Business Immigration Attorney Help

Employment visas come in two main categories. Temporary visas often require employer sponsorship and allow a person to come to the U.S. to perform a specific job. While many employees can bring their families with them, they must return to their home countries upon the expiration of their visa. The other category allows a person to make a permanent home in the United States. Furthermore, a permanent employment-based visa could be a path to citizenship.

An employment visa attorney helps companies and employees obtain employment visas. Contact an employment-based immigration attorney today to schedule a consultation.

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As a global immigration firm, we assist clients in each of the 50 states, and across the globe. We have no geographic restrictions. To request a consultation, please call, email or complete the above form.