The United States offers a wide range of opportunities for international residents looking for work which is why an immigration lawyer is a necessity. However, before foreign nationals can work in the United States, they must obtain a work visa.
Depending on the particular circumstances of the foreign national, a wide variety of employment-based visas are available.
The U.S. Department of State states that about 140,000 eligible applicants receive employment-based immigration visas each fiscal year. These work visas enable visitors to reside and work in the nation temporarily.
For persons engaged in or interested in a wide range of professions, such as investment, religious service, management, and more, employment visas enable work eligibility. Which visa you attempt to apply for will depend on the field in which you work or are interested.
Nonimmigrant Visa
Immigrant visas offer permanent residency status; nonimmigrant visas grant temporary status and employment authorization. The majority of nonimmigrant visas based on employment demand employer sponsorship.
In other words, the employer applies for a specific category of nonimmigrant visa with the U.S. Services for Citizenship and Immigration (USCIS) on behalf of the potential employee. In several cases, the U.S. Department of Labor (DOL) clearance is mandatory to prove that the foreign national would not oust American workers.
Following USCIS clearance, the foreign national may either receive a change of status if they are already legally present in the country or apply for a visa at a U.S. consulate.
H-Visa
People with a college degree or higher, or the equivalent in work experience, and unique skills in a particular professional or academic subject are eligible for H-1B visas. The residency limit for these visas is three years.
Qualifying for this visa mandates a job offer that requires specialized knowledge from a U.S. employer. It is also mandatory to have a diploma showing a bachelor's degree or equivalent in that subject. Lastly, your business must demonstrate that there are not enough Americans capable of filling the position.
On the other hand, the H-2A and H-2B visas are for temporary, seasonal workers who are needed during peak periods in either an agricultural (H-2A) or non-agricultural (H-2B) context. These usually last up to a year.
Meanwhile, H-3 is for people looking for training in any field. However, it excludes graduate school, training in medicine, or training to satisfy the needs of students who need special education. Citizens who desire to train in the United States but want to pursue their professions abroad fall under this category.
Immigrant Visa
Suppose a person has a job offer in a designated occupation with a shortage of American employees or another particular category. In that case, they may be eligible for an immigrant visa.
These work-sponsored visas fall into preferred categories with set quotas, qualification standards, and country caps.
EB-1 Visa
Those with "exceptional knowledge," such as those in business, academia, research, science, the arts, or athletics, are covered by EB-1 visas. You would not need a labor certification for this kind of visa.
If the EB-1 visa holder has an approved I-140 (green card) form, the holder's family members may petition for entry to the United States under the E-14 or E-15 immigrant status, respectively.
EB-2 Visa
Professionals with advanced degrees or foreign equivalents, those who can demonstrate at least ten years of relevant experience, and those whose job is in the U.S. national interest are all eligible for EB-2 visas.
A labor certification is a requirement for all eligible categories except the third. If the EB-2 visa holder's I-140 (green card) application has been granted, the holder's family members may submit an E21 or E22 application for entry to the United States.
Consult An Immigration Attorney
It is occasionally feasible for a nonimmigrant worker's spouse and children to immigrate to the US. They will need to submit a visa application to the American consulate.
Often, persons who come to the United States intending to stay temporarily change their minds and opt to remain permanently. This can be done by updating the person's status with USCIS.
People interested in this subject should consult an immigration attorney due to the variety of available visas, their restrictions, and their unique requirements.
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