There are many reasons a business might hire foreign workers. Often, the local labor pool cannot provide the necessary level of skill or experience. While countless people come to the U.S. each year to continue their careers, the process of obtaining a visa can be difficult. That is where the support of a skilled employment-based immigration attorney comes in.
If you have questions about which visa program is right for you, now is a good time to get answers. A Phoenix work visa lawyer from New Frontier could help you weigh your options and guide you through the legal process. Some of the most popular programs are described in the sections below.
One of the most common employment-based visas is known as the H-1B. This program allows American businesses to hire workers in specialized occupations from other countries. While applicants are generally required to have a bachelor’s degree or equivalent, it is still possible to secure an H-1B without one if you only have specialized knowledge or experience.
As with many types of employment-based visas, a prospective employer will usually need to sponsor you. They will generally have to initiate the process, including obtaining a permanent labor certification from the Department of Labor.
H-1B visas are highly sought after. Unfortunately, there is also a firm annual cap on the number of visas issued each year. The federal government operates a lottery system to select qualifying applicants at random, meaning it can take years to secure one.
Initially, H-1B holders are given three years to remain in the U.S. but that time can be extended under the right circumstances. This is known as a dual intent visa, which allows for a potential path to citizenship. A work visa attorney in Phoenix can answer any questions you have about H-1Bs.
The L-1 visa program is focused on allowing transfers within multinational companies to branches or offices based in the U.S. It is a non-immigrant visa, meaning it does not provide holders with a path to citizenship. Ultimately, the goal is to simplify the process of allowing foreign executives to temporarily live and work in the U.S. for their current employer.
There are two categories of L-1 visas, and each serves a specific purpose. L-1A visas are for managers or executives, while the L-1B program is reserved for employees with specialized knowledge that is required in the U.S. The sponsor must have a “qualifying relationship” with the existing employer. This might involve transferring to a different branch of the same company or even working for an American subsidiary. A Phoenix attorney can answer questions about when this temporary work visa is a good option.
An O-1 visa is available to workers and entrepreneurs who demonstrate extraordinary ability in the arts, sciences, or similar fields. There are significant benefits to this type of visa, including the ability to renew it indefinitely in one-year increments. Eligibility generally depends on whether you qualify as having “extraordinary ability” in your field.
Unlike most visa programs, which are open to workers from any country, geographical limits apply to TN visas. Better known as Trade NAFTA visas, nonimmigrants will only qualify if they are Canadian or Mexican citizens. While this temporary employment visa only lasts for three years, it is possible to renew it—contact a Phoenix lawyer to find out more.
There are many non-Americans who have something to offer a U.S.-based employer, and the government offers numerous options to bring them in for work. If this applies to you, call us for assistance. With several options available, it is important to discuss your path forward with a dedicated Phoenix work visa lawyer. Contact us today to talk about your application with our talented team.
