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Work Visa Lawyer
The United States continues to be perceived as a land of opportunity. Hard work and dedication combined with merit can lead to the achievement of the American dream. Many of our clients seek to immigrate to the U.S.
If you intend to work in the U.S., you need to apply for work permits. All work visas in the United States fall under immigrant or nonimmigrant visas. There are many types of work visas, and the process can be complicated due to nuances and exceptions.
Sometimes potential immigrants are faced with several options to choose from. Before deciding which option to pursue, it is a good idea to consult an experienced immigration attorney in Texas. These attorneys deal with immigration and its process every day. They are intimately familiar with the law and up to date with recent changes. By appointing an attorney, you could save time as mistakes can be costly – it’s most efficient to get things right the first time and ensure that all required documents are provided timely.
Different Types of U.S. Work Visas
There are several different types of work visas in the U.S. These include the following:
- Temporary Nonimmigrant Worker Visas
- Permanent (Immigrant) Worker Visas
- Student and Exchange Visitors Visas
- Temporary Visit for Business Visas
Temporary (Nonimmigrant) Worker Visa
Temporary worker visas are issued when applicants intend to enter the United States to work for a limited and fixed period. These visas are not permanent or indefinite. The potential employer has to generally apply to the U.S. Citizenship and Immigration Services (USCIS) for a temporary work visa.
There are several temporary worker categories, the most popular of which are as follows:
- H-1B: Person in a specialty occupation
- H-2A: Temporary agricultural worker
- H-2B: Temporary non-agricultural worker – H2B visas are valid for a maximum period of three years.
- H-3: Trainee or special education visitor
- L: Intra-company transferee
- O: Individual with extraordinary ability or achievement
- P1, P2 and P3: Athletes, artists and entertainers
- Q-1: Participant in international cultural exchange programs
Some temporary visas require labor certification or approval from the Department of Labor before the employer can file for a temporary visa. In simplified form, the process involves completing the documents and attending an interview with the mandatory documentation. Expired visas can be extended through an extension process which must be completed before expiration.
Permanent Workers
140,000 employment-based immigrant visas are made available annually to qualified applicants. These are divided into five preference categories. Some spouses and children are permitted to join employment-based immigrants. The preference groups include:
- First: Persons of extraordinary ability in different fields, including sciences, arts, education, business, etc.
- Second: Professionals who hold advanced degrees and persons of exceptional ability
- Third: Professionals and other skilled workers
- Fourth: Certain special immigrants, such as religious workers, employees of U.S. foreign service posts, etc.
- Fifth: Certain business investors/employment creators
Temporary Visit for Business
Foreign nationals’ temporary business trips to the U.S. require a visitor visa (B-1) unless they qualify for entry under the Visa Waiver Program.
Temporary business includes:
- Attending business meetings or consultations.
- Attending a business convention or conference.
- Negotiating contracts.
The Visa Waiver Program (VWP)
Citizens of certain countries can travel to the U.S. without a visa if they meet certain requirements.
VWP enables citizens or nationals of participating countries to enter and stay in the U.S. for business or tourism for 90 days or less without obtaining a visa. However, such travelers must have a valid Electronic System for Travel Authorization (ESTA) approval before travel and meet additional requirements.
Interviews for Work Visas
Despite being mandatory for some age groups, everyone may have an interview. Foreign nationals aged 14-79 will have a personal interview. In most cases, a student who is 18 and under will not have to attend an interview. The interview will take place within the Consulate or Embassy.
The Services a Work Visa Attorney Provides
Immigration lawyers provide various services related to visas, green cards, and immigration processes. Immigration law is susceptible to sudden and significant change. A skilled and experienced immigration lawyer will stay abreast of all the changes and will be aware of the lay of the immigration landscape at any point in time.
At Andrew T. Thomas, Attorneys at Law, we offer a wide range of immigration services, including the following:
- Appeals and bonds
- Consular process for immigrants who did not legally enter the country
- Immigrant visa applications
- Nonimmigrant visa applications
- Parole in place
- Permanent residency applications
- Representation at immigration court
- U-Visa applications for specific crime victims
- Violence Against Women Act (VAWA)
- Waivers
There are many other immigration services that we offer, and we can assist you with all of your immigration needs. We bring a wealth of experience, knowledge, and integrity to immigrants in the United States.
Our goal is to help clients successfully move through the complicated immigration system of the United States to obtain legal status. Call us today for a free case evaluation.
Frequently Asked Questions
Do Lawyers Help With Visas?
Lawyers can help you apply for visas or adjust status. When choosing a lawyer, be careful to select a firm with vast experience as an immigration law firm. It also helps to pick one that is locally based.
Should I Hire a Lawyer for H-1B?
There is a limited supply of H-1B visas. In addition, there are particular periods within which you need to work. Having a competent and experienced law firm on board will help you to avoid errors in your petition and potential rejection by USCIS.
Who Can Apply for a U-Visa?
The U-non-immigrant status is reserved for victims who have suffered physical or mental abuse from specific crimes and are considered valuable to assist law enforcement in investigating or prosecuting criminal activity. Many U-Visas, however, are declined by USCIS. It can be very valuable to have an immigration attorney represent you when applying for a U-Visa to have a better chance of success.
ements for an O-1 Visa are similar to those of the EB-1 visa, with some crucial differences. The main difference is that the O-1 visa applies to people looking for non-immigrant status, while EB-1 is for people seeking permanent immigrant status.
Whether you are considering an O-1 visa or an EB-1 visa, our driven immigration lawyers are here to help and can advise you on what your immigration options are. In addition, we assist with work permits and a full range of immigration services, no matter your requirements.
