The Process For Securing A Work Visa
Our lawyers at Rotella & Hernandez Immigration and Family Law have had the privilege of helping many migrants transform their lives by obtaining legal authorization to work in the United States. The road to securing a work visa can be complex, but with the right legal guidance, the dream of working legally in the U.S. can become a reality.
Our attorneys have been providing helpful immigration law guidance since we opened in 2013. As an immigrant and a first-generation American, our partners understand what our clients are going through and know what to do to secure the proper work visas for them. Our lawyers are always available to discuss clients’ cases, returning messages within 48 hours and providing regular updates as they guide clients through the work visa application process.
Understanding Work Visa Categories
Work visas in the U.S. are divided into several categories, each designed for specific employment situations. These are as follows:
- H-1B visas cater to professionals in specialty occupations.
- H-2A visas are for temporary agriculture.
- H-2B visas are for temporary non-agricultural workers.
- L-1 visas are for intracompany transferees.
Identifying the appropriate visa type is the first step toward securing lawful employment.
The Employer-Sponsored Application Process
The work visa application process often involves a U.S. employer who must petition on behalf of the migrant worker. This includes proving that there are not enough U.S. workers who are able, willing, qualified and available to do the temporary work. Additionally, the employer must demonstrate that employing migrants will not adversely affect similarly employed U.S. workers’ wages and working conditions.
Special Considerations For Undocumented Migrants
For undocumented migrants already in the U.S., the journey to a work visa is particularly challenging. It often requires addressing the individual’s immigration status and history, including any unauthorized work or periods of unlawful presence. In some cases, this may necessitate a waiver or a process of adjustment of status, which should be navigated with the assistance of an immigration attorney.
Long-Term Perspectives And Alternatives
While work visas are typically temporary, some categories offer pathways to permanent residency, commonly known as a green card. For instance, an H-1B visa holder may be sponsored by their employer for a green card through employment-based immigration. It’s essential for a migrant to explore all avenues and consider their long-term goals when seeking a work visa.
What Rights Are Granted To Employment-Based Visa Holders?
Employment-based visa holders are permitted to work in the U.S. for their sponsoring employers. They can also travel, pursue education, apply for a Social Security number and bring certain family members. Permanent employment visas allow for the subsequent seeking of permanent residency. Some categories may lead to citizenship over time.
What Are The Employment Preference Categories For Visas?
There are five primary employment-based preference categories:
- EB-1: Priority workers
- EB-2: Professionals holding advanced degrees or persons with exceptional ability
- EB-3: Skilled workers, professionals and other types of workers
- EB-4: Special immigrants
- EB-5: Immigrant investors
Each category has specific eligibility criteria and may offer different rights and pathways to permanent residency.
We Are A Partner In Your Immigration Journey
The process of obtaining a work visa is intricate and often daunting. As immigrant attorneys who have lived through the process themselves, our lawyers at Rotella & Hernandez, LLC, are committed to providing personalized guidance so that clients can navigate their journeys effectively. Whether you are seeking temporary work or permanent residency, our team’s experience and knowledge can be your greatest allies in achieving your American dream.
Contact us through our online form or call our office in Miami at 305-596-3618 to discuss your case. Se habla español.