At Bogin, Munns & Munns, our team is here for those looking to relocate to Melbourne, FL, and the rest of the U.S. Our immigration lawyers are experienced in work visa matters and can help with your application. We want you to put your best foot forward. To do so, a Melbourne work visa lawyer from our team can submit documentation, represent you during application proceedings, and advise you on your options and next steps.
Reasons for Work Visa Application Denials
According to the U.S. Department of State, work visa applications can be denied for several reasons, including the following:
- Lack of documentation: Work visa applications require a variety of documents. Failing to submit these documents can result in a denial. If you’ve been notified that your application was missing documents, you still have the opportunity to gather and submit what you missed.
- Qualification and immigration intent: Employment-based visas (EB visas) require certain eligibility factors. They also require that you intend to move to the U.S. permanently. If you’re ineligible or still have strong ties to your home country, your EB visa could be denied.
- Public charge denials: To immigrate to the U.S. or come temporarily for work, you must demonstrate that you have the finances or employment opportunities to sustain yourself. Immigration officials have the right to deny an application if they believe an immigrant will depend on U.S. public financial support programs.
- Fraud or misrepresentation: Committing fraud or misrepresenting your personal details during a work visa application is grounds for immediate denial.
- Unlawful presence: You cannot apply for a work visa if you are unlawfully residing in the U.S.
Can You Reapply for a Work Visa?
Work visa denials cannot be appealed, making a new application your only option. When you reapply, you need to pay application fees again. Similarly, if your reason for denial involved unlawful presence, you may need to wait up to 10 years before applying again.
Work visa denials are frustrating and oftentimes confusing. A Melbourne work visa lawyer from our team can review your case and explain what your options are if your application was denied.
To consult with an experienced work visa lawyer serving Melbourne
855-780-9986
Employment-Based Immigrant Visas
Employment-based (EB) immigrant visas are the most straightforward way to enter and remain in the U.S. However, only 140,000 of these visas are granted each year, making the application process competitive.
These are the five types of EB visas:
- EB-1 Priority Workers and Persons of Extraordinary Ability: This visa type primarily applies to those with extraordinary abilities. Think well-known musicians, athletes, artists, and scientists. Other individuals that qualify for EB-1 visas include executive level, multinational employees, and expert researchers.
- EB-2 Professionals Holding Advanced Degrees and Persons of Exceptional Ability: Individuals with advanced degrees like PhDs and MDs qualify for EB-2 visas. In addition to these well-educated individuals, those with skills that are “significantly above ordinary” also qualify. The bar for exceptional ability is lower than the extraordinary ability for EB-1 visas.
- EB-3 Skilled Workers, Professionals, and Other Workers: This category applies to workers who the U.S. believes can contribute to an underserved sector of the economy.
- EB-4 Certain Special Immigrants: This category is highly specific, applying to groups like broadcasters, religious workers, and certain employees of the U.S. Government abroad.
- EB-5 Immigrant Investors: If you’re planning on investing in the U.S. economy, you could be eligible for an EB-5 visa. Keep in mind that this type of visa only applies to those with significant capital – smaller investments don’t create eligibility.
Considering if you’re eligible for an EB visa is a good place to start when planning to move to the U.S. These visa types can put you on the path to lawful permanent residence status. However, if you don’t qualify for an EB visa, you may need to explore other options.
At Bogin, Munns & Munns, we’re here to find the best work visa option for you.
Immigrant Versus Non-Immigrant Visas
EB visas are immigrant visas. They are designed for those looking to live in the U.S. and potentially become a citizen, so they grant lawful permanent residency. When you receive lawful permanent residency, you’re known as a green card holder. Holding a green card will eventually allow you to apply for U.S. citizenship.
Temporary work visas are known as non-immigrant visas. This means that they only grant temporary residency. Seeking permanent residency while in the U.S. with most types of non-immigrant visas could result in deportation. However, certain categories of non-immigrant visas allow workers to pursue permanent residency.
Entering the U.S. With a Non-Immigrant Visa
These are some common types of non-immigrant visas:
- H-1B visa: H-1B visas are for skilled workers with employment offers in the U.S.
- H-2A visa: This category of visa applies to temporary or seasonal agricultural workers
- H-2B visa: This category of visa applies to temporary or seasonal non-agricultural workers.
- L visa: L visas apply to individuals who are employed by multinational companies looking to transfer to the U.S. for a temporary work term. To qualify for this type of visa, you must be transferring within the same company and have worked at said company for at least one year.
- P visas: This category of visa comes in three groups. P visa holders are permitted to stay in the U.S. temporarily if they are working athletes or members of entertainment groups.
During a non-immigrant visa application, you must show that you have “compelling ties” to your home country. Examples of “compelling ties” include the following:
- A home outside of the U.S.
- Your financial situation
- Your long-term plans
- Family members outside of the U.S.
“Compelling ties” are included in the application process to ensure that applicants intend to return to their home country.
Non-Immigrant Visas and Lawful Permanent Residency
H-1B visa holders have the option to pursue lawful permanent residency by applying for a green card. This is because H-1B visas are “dual-intent,” meaning they apply to immigrants and non-immigrants. You become eligible for a green card application after you’ve stayed in the U.S. for six years with an H-1B visa.
Applying for a green card when you have an H-1B visa relies on a process called “adjustment of status.” To complete this process, you must:
- Determine your green card eligibility
- Complete an immigrant petition
- File form I-485
- Attend relevant appointments and interviews
- Provide additional evidence if applicable
- Receive a decision
At Bogin, Munns & Munns, we can support you throughout the adjustment of status process. We can answer questions, help you gather relevant evidence, and submit documentation on your behalf.
Melbourne Work Visa Lawyer Near Me
855-780-9986
Initiate Your Work Visa Application Today
Ready to get started on relocating to Melbourne, FL? Contact our offices today for a case evaluation. During this initial meeting, we can discuss your goals, expectations, and hopes for the work visa application process.
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