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Work Visa Lawyer

Work Visa Lawyer
Work Visa Lawyer

Work Visa Lawyer is an important detail. Are you a foreign national? This article is for you. We will take care of this for you. 

Nationals who intend to visit or relocate to the United States must first apply for a visa. This document will either allow them to stay temporarily or will assist them in establishing permanent residence.

A work visa, also known as an employment visa, can be awarded as a temporary, non-immigrant visa or as an immigrant visa, which grants them permanent resident status by granting a green card.

A temporary visa permits a person to work in the United States for a certain period of time, but a permanent visa allows the applicant to remain in the United States forever.

A temporary visa is often easier to get, but in any event, the employer must file and have accepted a petition with US Citizenship and Immigration Services (USCIS) before applying for a visa.

If you or somebody you care about is applying for a work visa in the United States, having a knowledgeable legal expert on your side is critical. When you speak with work visa lawyers, you may be confident that your future is in excellent hands.

Types of Work Visa Lawyers

Work visas are classified into numerous types. The following are some of the most popular employment-based visas handled by attorneys:

  • H-1B Visa: This non-immigrant, temporary work visa is only available to candidates who want to work in a “specialty vocation” that requires advanced degrees.
  • O-1 Visa: This non-immigrant work visa, which is further subdivided into the O-1A and O-1B categories, is intended for candidates who demonstrate exceptional skill or performance.
  • EB-1A Visa: Individuals with exceptional skills in the sciences, crafts, education, or athletics are eligible for these employment-based immigration visas.
  • EB-2 Visa: This immigrant work visa is only available to candidates who have a master’s degree or above.
  • EB-3 Visa: This immigrant work visa is only available to highly skilled or professional employees.


A Work Visa Lawyer Can Help You Begin the Procedure

The easiest method to start the work visa registration process is to speak with a reputable work visa attorney. An immigration lawyer can advise you on what steps to take to get started and walk you through every step of the procedure.

To apply for a work visa, you must normally have an established employment offer. Prospective employers must get clearance from the Department of Labor before submitting a request to USCIS. The employer can study the instructions for Form I-129 on the USCIS page to establish what –> PERM Labor Certification  <– is necessary.

There are only so many applications that may be authorized each year. Before applying for a temporary visa, an applicant must file a Petition for a Nonimmigrant Worker, generally known as Form I-129. Your employer will get a Notice of Action document after all of your documentation has been accepted.

Next Steps with a Work Visa Lawyer

When the Nonimmigrant Employee form and supporting documentation are accepted, the candidate can apply for a visa. The applicant’s next steps will be determined by the US Embassy or Consulate in his or her native country.

To begin, a person must typically fill out and complete the Online Visa Application, often known as Form DS-160. They will be sent to a confirmation page once they have finished and submitted the form.

This should be printed and taken to the in-person interview as a receipt. In addition, the candidate must upload and upload a picture of themselves.

Scheduling Interviews for Work Visas

Following that, an in-person meeting will be planned. While this is only required for specific age groups, anyone can be interviewed.

Foreign nationals between the ages of fourteen and 79 will be questioned. If the candidate is thirteen years old or younger, or eighty years old or older, they will most likely not be required to attend an interview.

An interview with the candidate will be organized through a Consulate or US Embassy. They may arrange one at any Consulate office, however, applying at a Consulate outside of your homeland is tough.

You should be prepared to wait for an interview. Appointments vary according to the season, region, and kind of visa you are seeking, so apply early.

The Work Visa lawyers can advise you on how long you should anticipate waiting. You may also search up the wait times for your exact location online.

Preparing for Your US Immigration Work Permit Meeting

You must pay the non-refundable application fee in order to prepare for your interview. Upon approval, you may be asked to pay an issuance fee.

Before your interview, you should obtain all of the essential paperwork.

These may contain the following steps:

    • Passport: This must be valid for at least six months after your stay in the United States expires. If you have more than one person on your passport, each must submit their own application.
    • The Nonimmigrant Visa Application: This is the Form DS-160 validation page, which serves as proof that you submitted the application.
    • The receipt: This demonstrates that you paid the registration fee prior to just being interviewed
    • Photo: This photo will be submitted to Form DS-160 throughout the application process. If for any reason you are unable to upload it, you may send a printed photo in the proper format.
    • Receipt number: This indicates that your Form I-129, or Petition for a Nonimmigrant Worker, has been approved.

In some cases, you may be required to provide extra paperwork. When you hire an immigration lawyer, he or she may advise you on exactly what you need to bring to your meeting.

Finalizing the Process with Our US Work Visa Lawyers

The interview is used to assess if the applicant should be granted a visa and which type of visa is best for them.

For the visa they will receive, the applicant must fulfill all conditions under US immigration law. Our top-rated U.S. work visa lawyers can assist you in gathering and presenting proof that you satisfy these standards.

Applicants, apart from immigrant visa applicants, will normally be expected to establish links to their home country in order to demonstrate their intention to return once their visa expires.

These reasons can contain:

    • They will not leave their house.
    • Relatives living in the home nation.
    • Their economic position.
    • Their long-term objectives and plans

The interview also includes digital fingerprint scans. Following the interview, the interviewer may find that your application requires additional administrative processing. They will notify you if this is the case.

If your visa is accepted, you may be required to pay an issuance fee, and you will be advised about how to obtain your visa. This implies that there may be a processing period, but you will have the choice of picking it up or having it brought to you by courier.

Once you have received your work visa, you will be able to apply for admission into the United States to dwell there temporarily or permanently, depending on the type of visa you have.

When you are admitted, you will be given an admission stamp and will be able to begin your employment in the US.

Important Things You Should Know About Work Visa

    • Before you may legally work in the United States, you must apply for and be granted a work permit.
    • A work permit is only valid for a set length of time.
    • Only in exceptional circumstances may the work permit be extended.
    • You cannot obtain a green card just because you have a work visa.
    • It is important to apply for a work permit extension well in advance.

When applying for a work visa, you should naturally desire the most precise and dependable information. A work visa lawyer can assist you in achieving your objectives.

What Are the General H-1B Visa Requirements? What Constitutes a Specialty Occupation?

To be eligible for a specialized occupation H-1B visa, the worker must have a bachelor’s degree. However, they may have equal and equivalent experience in their profession to a bachelor’s degree.

This would most likely include teaching, exercise, or knowledge in the specialty equivalent to the attainment of a degree. Employees may also be recognized for their proficiency in their profession by increasingly responsible roles directly connected to their specialization.

Furthermore, the employee must have a state permit, registration, or certification that allows them to properly practice the specialist employment. The state of intended employment must grant such a license.

A labor condition application (LCA) must be obtained from the US Department of Labor by the person or firm employing an H-1B applicant. This must be received before submitting an H-1B petition to the USCIS.

Specialty professions are those that require the practical and theoretical application of a body of specialist skills, as well as at least a bachelor’s degree or an equivalent when applying for an H-1B visa.

The following are some instances of specialist occupations:

    • Occupations with a bachelor’s or higher degree, or its equivalent, as a minimum admission requirement.
    • Occupations in which the degree required for the employment is industry-specific, or the job is so difficult or distinctive that it can only be completed by someone who possesses that degree.
    • The precise tasks connected with the career are seen to be so specialized and difficult that the knowledge necessary to fulfill the activities is not generally linked with self-training.

These are only a few instances; this is not an exhaustive list. There are several more broad categories that may be deemed specialized jobs for purposes of H-1B visa eligibility.

What Else Do I Need to Know About the H-1B Visa?

To restate, you should have a sponsoring U.S. company before filing for an H-1B visa. The company will apply to the Department of Labor first, and then to the U.S. Citizenship And Immigration Services (“USCIS”). If your employer’s application with the USCIS is granted, you can apply for your H-1B visa.

The H-1B visa is generally good for six years and can be broken into two three-year increments. The visa may be extended beyond the six-year period depending on the conditions. You must apply to the U.S. Citizenship And Immigration Services (USCIS) for a visa extension at least 45 days before your visa expires.

If you filed a Labor Certification application or an I-140 petition 365 days before the six-year restriction and the LC or I-140 was not refused, you may extend your status yearly beyond the six-year limit.

To be qualified for a visa extension, you must meet the following requirements:

    • Your entry into the United States on a nonimmigrant visa was legal.
    • Your nonimmigrant visa status is still active.
    • You have not committed any offenses that would preclude you from receiving an extension.
    • You applied for an extension of your stay before it expired.
    • You have a passport for the duration of your stay in the United States.

The following visa types are not eligible for extensions:

    • Visa Waiver Program
    • D- Crewman status
    • C- In transit without a visa, or foreign national in transit
    • K- As a fiancé or spouse of a U.S. citizen, or dependent of a fiancé or spouse
    • S- Informant regarding terrorism or organized crime

A corporation that hires an H-1B foreign worker bears significant duties. As a result, seeking the advice of a work visa lawyer is strongly advised. Many actions must be taken by a company in order to legitimately sponsor and employ an H-1B visa holder.

Here are a few examples of these steps:

    • Determining the position’s real and prevailing wage
    • Notifying employees or their representatives of the intention to hire a foreign worker.
    • Submitting and sending a Labor Conditions Request to the Department of Labor (“DOL”); then filing with the USCIS once the DOL has certified the application.

Why Would I need an H-1-B Visa Attorney?

You should contact an immigration lawyer if you are a worker hoping to secure your H-1B visa or an employer wishing to recruit an H-1B visa holder.

An expert and local work visa lawyer near me can advise you on the sort of visa to apply for and guarantee you fulfill any eligibility requirements.

Furthermore, an attorney will be able to assist you in filing the essential documents with the appropriate government and ensuring you meet any and all dates. Finally, if you have any legal concerns, your attorney will be able to defend you in court if necessary.

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