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WORK VISAS

Work visas are one of the most common ways by which foreign workers and others can remain lawfully present in the United States. There are two types of Work visas available, temporary (non-immigrant) and permanent (immigrant) work visa.  

Temporary Work Visa

USCIS allows foreign nationals to enter the United States for temporary, specifically defined periods of time. In most cases, the foreign nationals must show intent to return to their home country at the end of their temporary stay.

Non-immigrants with permission to work in the United States are either sponsored by a U.S. employer based on a specific job offer and must work only for that employer, or have work permission for specific objectives. Laws limit some work-authorized categories by annual levels.

Employers who wish to hire foreign workers to temporarily perform services or labor or to receive training may file a Petition for Non-Immigrant Worker. Employment-based immigrant visas may require a labor certification from the United States Department of Labor (DOL), and the filing of petition with the Unites States Citizenship and Immigration Services (USCIS) in the Department of Homeland Security.  

Employers as well as employees, who are in the process of completing, or are looking to begin the work on their visa application, can turn to Mikin Law firm to discuss all available options. We will prepare the paperwork and provide you with the specialized guidance throughout the process. We will work closely with you to ensure that your applications are handled quickly and professionally. 

There are more than 20 different kinds of nonimmigrant visa names and types. Each is defined by federal law to meet a particular need of the U.S. economy. Foreign nationals may use these visas for employment in the United States, under tightly regulated conditions. Types of temporary work USA visas are included below: 

B-1: Business Visitors
E-1: Treaty Trader, Spouse and Children
E-2: Treaty Investor, spouse and children
E-3: Australian Specialty Workers
H-1B: Professional/Specialty Workers  
H-1C: Registered Nurses
H-2A: Agricultural Workers
H-2B: Seasonal Workers
H-3: Trainees
J-1: Exchange Visitors
L-1: Intra-Company Transfers – Managers, Executives and Specialized Knowledge Employees
O-1: Persons of Extraordinary Ability
P-1: Athletes or Entertainers and Support Personnel
P-2: Artists or Entertainers Under a Reciprocal Exchange Program
Q-1: Cultural Exchange
Q-2: Irish Nationals
R-1: Religious Workers
TN (Canada): NAFTA Professional Workers
TN (Mexico): NAFTA Professional Workers
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Permanent Work Visa

An immigrant is a foreign national who is authorized to live and work permanently in the United States as a Lawful Permanent Resident. Client must go through a multi-step process to become an immigrant based on employment. The USCIS must approve an immigrant petition (application) that was filed for on behalf of an employee, usually by an employer. The most common employer-sponsored green card process is called labor certification.

To qualify for labor certification, the employer must be offering a full-time job to the immigrant employee. The first step in labor certification is the PERM process. The process involves filing an application with the Department of Labor showing that there are no qualified U.S. applicants for the employee's position.

Once the labor certification is approved, our attorney may assist you or file on your behalf, an Immigrant Petition with USCIS. This petition must show that the employer has a position for which it has won labor certification, the employee meets the requirements in the labor certification and the employer has the ability to pay the wage offered to the worker. After the Immigrant Petition is approved, or sometimes at the same time as we file the Immigrant Petition, we can file Applications for Permanent Residence for the worker and any spouse or unmarried children. We must show that all applicants are admissible to the U.S., in that they haven't committed crimes, been deported, taken public assistance, maintained legal immigration status, and meet various other criteria. We can file the permanent residence applications only when visas are available. Whether visas are available will depend on your country of origin and the level of education required in the labor certification. 

At this time, workers without an advanced degree could wait some years for a visa to become available and to file the permanent residence applications. People from Mexico, India and China also wait longer than people from other countries. The Visa Bulletin determines when people can proceed with filing their applications for permanent residence.

Visa processing can be difficult and confusing. If you would like the assistance of an experienced immigration lawyer, please contact us or call our office at 1-415-601-0210 to schedule a consultation today.

 

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Legal Disclaimer 
Content on this site is intended for generalized information reasons. It may become out of date at any time due to changes in the law. It is not intended to offer case-specific legal advice nor should it be deemed valid or accurate for that reason. If in fact you have an exact immigration related legal issue, we recommend you consult with an experienced immigration attorney or immigration lawyer. There exists disclaimers throughout our website stating that we are not an official U.S. Government website.

Contact San Francisco Immigration Lawyer Marko Mikin.
Copyright © 2009 Marko Mikin, Attorney at Law. All rights reserved.
 

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