Employment-based or work visas allow foreigners to live in the United States while earning a living. There are various types of visas available, and they can, in some cases, provide a path forward to obtaining U.S. citizenship. Nonetheless, the paperwork and other requirements that must be met can be complex. When you work with the right law firm, you can rest assured that your legal interests are being represented as you provide for your family and shape your future. Count on Yaqubie Law to serve you.

Non-Immigrant (Temporary) Visas

Non-immigrant visas are given to foreign citizens who intend to enter the United States on a temporary basis. This may be for the purposes of business, tourism, and to perform certain types of work. A foreign national seeking one of these visas will typically apply to the U.S. consulate for processing.

However, it should be noted that this visa does not automatically guarantee a person’s right to enter the United States. Rather, the visa signifies that a consular officer has reviewed the application and determined that the person is eligible to come into the country for a specific purpose. An immigration officer will later review the individual at a port of entry to determine whether they may be admitted under U.S. immigration laws.

There are various types of temporary visas, depending on the purpose for which the foreign national desires to enter the country. Common examples include:

  • HB-1 visa: An employer will sponsor a foreign employee to work in the United States for a specific purpose. The applicant must show that they possess the special skills necessary to carry out the job duties, and the employer must justify why they need a worker from outside the country.
  • L visa: Intracompany transfers of executives, managers, agricultural workers, and other employees from offices abroad to one within the country will use an L visa. A foreign company without a U.S. affiliate office, but that wishes to establish one, may also apply for this visa.
  • R visa: Religious workers such as priests, ministers, and other clergy can request an R visa to carry out their work in the United States.
  • TN visa: These are professional trade visas that are issued to Mexican and Canadian employees under NAFTA.
  • P visa: P visas are available to foreign entertainers, artists, athletes, and their support staff.
  • J visa: Exchange visitors such as university students who wish to live and work in the United States temporarily would request a J visa.
  • O visa: This unique visa is granted to individuals who have attained international recognition or abilities in education, athletics, science, or business.
  • B visa: Business travelers wishing to come to the United States temporarily can ask for a B visa.
  • E visa: Treaty investors and traders would apply for this employment-based visa.

Although these and other visas are temporary, an employee can later change their status and seek a green card which grants permanent residency. This step is valuable to those who wish to remain in a permanent position with their employer.

Permanent Visas

Those who are able to successfully apply for a permanent visa will generally enjoy greater rights and protections under United States immigration laws. Because they are permanent, these visas do not expire. Also, they allow the visa holder to bring a spouse and children to the United States. Only a limited number of permanent visas are issued each year, however, and they are typically reserved for individuals with demonstrably high skill sets within a particular industry.

An applicant must therefore be able to show that they possess significant talent with respect to academia, arts, music, athletics, or other areas. Religious workers, business investors, and individuals who have served the United States are usually given top priority. There are five categories of permanent visas:

  • EB-1: Workers with significant and extraordinary ability who do not need labor certification can apply for an EB-1 visa. Examples are managers, executives, professors, and athletes.
  • EB-2: An advanced degree professional may seek an EB-2 visa, especially if they can show their ability to contribute to the U.S. economy or advance America’s educational or cultural interests.
  • EB-3: Certain individuals have unique skills and wish to fill jobs for which no U.S. citizen is able to qualify. They can request an EB-3 visa for this purpose.
  • EB-4: International religious workers, broadcasters, members of the armed forces, physicians, and other employees who fall into well-defined categories may ask for an EB-4 visa.
  • EB-5: This fifth category of permanent visa is for investors who make a significant investment in a U.S. commercial enterprise and who plan to create or preserve at least 10 permanent, full-time jobs for U.S. workers.

Why Hire an Immigration Lawyer?

Obtaining either a non-immigrant or permanent visa requires much more than filling out forms, especially if the ultimate goal is to pave a way towards full citizenship. An immigration attorney can assist with the following, among other tasks:

  • Determining which visa is most appropriate for your situation
  • Explaining the strict requirements that apply to both the applicant and employer
  • Helping employers and applicants complete and submit the necessary paperwork
  • Providing sufficient visa application details (e.g. the applicant’s work history, background, and their plans for living in the United States)
  • Securing labor certification to demonstrate the need for a foreign national to work a particular position
  • Demonstrating how the visa will benefit the United States economically and in other ways
  • Responding to legal issues that may arise surrounding the visa or the application process
  • Representing employers who face criminal sanctions over work visas

Contact Our Garden City Work Visa Attorney

Although work visas can be complicated for both the applicant and the employer, a trusted advocate can help you navigate such issues. From initial questions concerning eligibility to legal matters that emerge after the work visa has been granted, you deserve the experience and dedication of Yaqubie Law. Connect with us today to get started.

Yaqubie Law, located in Garden City, also serves Manhattan, Brooklyn, Bronx, Queens, Staten Island, Syosset, Nassau County, Suffolk County, Long Island, and the greater New York area.