Are you a foreign worker looking for a job in the United States? The good news is you can do this legally by finding an employer willing to sponsor you for a temporary or permanent work visa. The bad news is it can be a complicated process, and one misstep can result in a denial of your application.
To make the process easier, and to improve your chances of being granted a visa, take a look at five tips from our immigration attorneys.
Know If You’re Eligible for a Permanent Work Visa
Certain individuals may be eligible for a permanent work visa. There are many benefits to these types of visas, as they never expire and allow the person to bring their spouse and children to the U.S. as well. However, while there are perks to these types of visas, they are also more difficult to obtain than temporary work visas. These are reserved for individuals who fall under certain employment categories – and for those who demonstrate the requisite skills, talent, and education. This includes people who have demonstrated extraordinary expertise in the sciences, arts, education, business, athletics, and research. There are several categories that people may fall under, so it’s important to work with an immigration attorney to determine what category best fits your situation.
Understand the Requirements for a Temporary Work Visa
While the list is selective for who may qualify for a permanent work visa in the U.S., the list is broader for temporary visas. This can apply to investors, agricultural workers, those in cultural exchange programs, and those with special skills in athletics, business, education, art, research, and more. One of the most applied for visas is the H1-B, which is for those who perform services in a specialty occupation. To ensure your application is filed correctly and expedited, you should work with an immigration attorney. An attorney will also help you determine which category applies best to your situation.
Be Familiar with the Timeline
There is no hard and fast rule about how long it takes to get a work visa. This will depend on your circumstances and the requirements in your case. Each application is considered on a case-by-case basis. Some may be determined in a couple of weeks, while others can take months or even years.
Understand How Difficult It Is to Get a Work Visa in the U.S.
While it’s not an easy task to get a work visa in the U.S., the level of difficulty can depend on your circumstances. For one, you need to have a U.S.-based employer who wants to hire you and is willing to sponsor an H-1B visa for you. This means you must have skills that the employer cannot find amongst U.S. citizens. Your employer will need to prove they cannot find an American who will fit these skills. This can be difficult to prove, so it’s not an easy task for you or your potential employer.
Other types of temporary visas are easier to get. Make sure to work with your immigration attorney to determine if you are eligible for a temporary visa, and which path to pursue.
Know How Long the Temporary Visa Is Good For
When you get a temporary work visa, it’s essential to understand that it is temporary. This might sound obvious, but it’s crucial to know what date you must leave the U.S., or when you need to apply for a renewal. The length of the visa will vary from person to person, so it’s important to work closely with your immigration attorney to ensure you understand the parameters placed on your visa.
Why Hire Us
When you need an immigration attorney, let the experts at Johnstone Adams LLC represent you. Ranked in the 2022 U.S. News – Best Lawyers® “Best Law Firms” list regionally in 12 practice areas, we have experts in many areas of law to give our clients top-notch representation. In business for more than a century, our firm can mix its experience with the ability to evolve with the changing times.