If you are a foreign professional who wants to immigrate to the U.S. based on your education or employment skills, you could get a visa through your employer. All noncitizens must receive proper authorization before working in the United States.
You can work in the country temporarily or permanently. However, you and your prospective employer must complete separate processes before you can work in the U.S. If you want professional legal help for your situation, you can consider working with an Orlando work visa attorney on your request.
What to Know About Permanent Worker Visas for Employment in the U.S.
Immigrants can apply for one of five visa categories to become permanent workers in the United States. The categories cover various skills and professions. The categories are:
- Employment-Based Immigration: First Preference (EB-1): This category is for people who have demonstrated extraordinary ability in certain fields, such as the arts, sciences, business, or athletics.
- Employment-Based Immigration: Second Preference (EB-2): This category is for people with advanced degrees or exceptional ability in the arts, sciences, and business.
- Employment-Based Immigration: Third Preference (EB-3): This category is for people skilled workers, professionals, and other workers with unskilled labor requiring at least two years of training or experience.
- Employment-Based Immigration: Fourth Preference (EB-4): This category is for “special immigrants,” who can be religious workers, U.S. foreign service posts employees, retired employees of international organizations, noncitizen minors, or noncitizens in other classes.
- Employment-Based Immigration: Fifth Preference (EB-5): This category is for business investors who invest in a new commercial business that employs 10 or more full-time U.S. workers.
If you require a temporary work visa through an employer, United States Citizenship and Immigration Services (USCIS) offers information on its website about the various visas you could be eligible to apply for.
The H-series visas are for workers with skilled trades and non-farming jobs. The H-1B Visa is the most popular one that allows U.S. employers to hire qualified foreign workers for temporary employment. H-2B visas are for workers seeking temporary non-farming jobs that could be seasonal. An attorney can help people seeking either these or in other nonimmigrant classification categories, such as the I, O, and P work visas.
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Employment-Based Visas Require Prospective Employers to Petition for Workers
According to the U.S. Citizenship and Immigration Services (USCIS), nearly 140,000 immigrant visas are available each fiscal year for non-U.S. citizens to move to the United States permanently because of their job skills. Still, employers and applicants must take multiple steps to obtain an employment-based visa.
Generally, whether applicants are seeking temporary or permanent employment in the U.S., their prospective employers generally must file a nonimmigrant petition with the USCIS on their behalf. The federal agency advises all nonimmigrant applicants to confirm their classification to determine if they must obtain employment authorization before starting work.
Employers and the Foreign Labor Certification
Some work visas require U.S. employers to first receive an approved foreign labor certification from the U.S. Department of Labor before hiring foreign workers. Per the USCIS, this certification confirms the following:
- Not enough available, qualified, or willing U.S. workers can fill the job for the current wage.
- Hiring a foreign worker for the position will not adversely affect the wages or working environment for other U.S. workers in similar roles.
Once the department approves or certifies the employer’s application, the employer must next petition USCIS for a visa. As the USCIS advises, labor certification is generally required for an EB-2 and EB-3 visa.
Prospective Employees’ Responsibility
Just as employers must secure permission to hire foreign workers, prospective employees must ensure they have the proper credentials for the work visa they are seeking. They also must be sure they can work in the U.S. legally.
Applicants seeking a work visa must have a valid employment offer from a U.S. company that wants to sponsor them. In addition:
- The position must be in the field where they have advanced degrees.
- The job must also be in the same industry as their academic and/or professional experience.
An Immigration Lawyer Can Help You Get the Right Work-Based Visa
If you or a loved one is seeking employment with a U.S. employer, a work visa lawyer with Bogin, Munns & Munns can represent you and manage your case. Our immigration attorneys are current on complex immigration laws and regulations and can guide you through applying for an employment-based visa.
As noted earlier, various work visas are available, so you must first choose the right one to apply for. We can handle your petition for any of the visas above and others. If you hire us to handle your case, our immigration attorneys will:
- Protect your rights throughout the immigration application process.
- Explain your work visa and work-based green card options and answer your questions and concerns.
- Review current visa fees and other nonimmigrant visa application fees
- Identify and complete all required forms you need, such as the Petition for a Nonimmigrant Worker, I-129.
- Gather supporting documents for application, such as your passport, birth certificate, marriage certificate, medical examination results, and the immigrant visa application form.
- Prepare and file the appropriate immigrant visa petition.
- Handle all visa-related issues and manage paperwork.
- Work with a prospective employer, including the sponsorship letter.
- Advising you on the deadlines and processing times of your application and petition.
- Ensure you submit your work visa application and petition on time.
- Help you prepare for all proceedings, such as interviews with immigration officers.
- Represent you in immigration court if necessary.
We can also manage paperwork for family-based visa sponsorship and any visa-related issues involving relatives who can come with visa holders. If this is your situation, we will work to ensure you and your family can move to the U.S. together.
Call Today for Help With Getting a Visa Through an Employer – Free Consultation
If you are ready to get a nonimmigrant work visa through an employer in the U.S., Bogin, Munns & Munns is ready to hear your story and rise to the challenge of resolving your case. You can reach out to us today to start reviewing your application and next steps. You can also check out our immigration frequently asked questions (FAQs) roundup or fill out our immigration questionnaire before you call us.
We help workers from various countries applying for temporary or permanent employment in the United States, including Brazil, Colombia, Cuba, Haiti, Mexico, Jamaica, and others. We will address the issues specific to your case. Our team can take your call anytime, 24 hours a day. Hablamos español.
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