Immigration Lawyer Breaks Down How To Get A Visa Through Employment

U.S. immigration laws provide several ways for employers to hire foreign nationals to work in the country on temporary or permanent terms. 

Before applying for the visa, all non-citizens, including permanent residents, foreign nationals and refugees, must first obtain authorization to work in the U.S. before getting their employment visa. 

Types Of Employment Visas And Their Requirements

Visas obtained through employment can be classified into several categories depending on the type of employment in question. 

Non-Immigrant Visas

When applying for a non-immigrant employment visa, you will need employer sponsorship. The employer must file for the visa with the U.S. Citizenship and Immigration Services (USCIS). In some cases, the employer may also require approval from the U.S. Department of Labor (DOL) to ensure that the foreign national will not displace local workers. 

If the application is approved, the foreign national can be granted a change of status if they are already lawfully in the U.S. or can obtain their visa at their local U.S. embassy. 

Immigrant Visas

This type of employment visa applies to individuals who want to immigrate to the U.S. and seek permanent residence. It is usually for occupations whose employees are deemed in short supply, among other categories. The visas have specific quotas and different skill requirements depending on the job. 

In addition to these groups, an employment visa can be applied in various categories, as highlighted below: 

• B-1 Visa
  This visa applies to business visitors who are foreign nationals visiting the U.S. for business reasons. This visa category only applies if you are meeting with colleagues or clients or attending conferences and other similar activities. However, you cannot receive remuneration or productive employment under this visa. 

• H-1B Visa
  The H-1B visa is for professional workers. It’s also known as a speciality occupation visa. To qualify, the position must require highly specialized knowledge and expertise. Engineers and accountants may qualify for this visa. 

• H-2B Visa
  This category of employment visas is for intermittent or seasonal workers. It allows the employer to hire foreign nationals to perform temporary jobs in the U.S., normally in non-agricultural work.

Other categories of visas you can obtain through employment include the following: 

• Employment First Preference (E1) Visa

• Employment Second Preference (E2) visa 

• Employment Third Preference (E3) Visa

• Employment Fourth Preference (E4) Visa 

• E5 or Immigrant Investor Visa

• O-1 Extraordinary Ability Visa 

• L-1 Intracompany Transfer 

• E-1 Treaty Trader 

• E-2 Treaty Investor

Employment Visa Application Guide

The application process you follow depends on the type of visa required for your employment. This is why it is crucial to work with an immigration lawyer to avoid spending time and resources only to discover you did not follow the right procedure. 

For some types of employment visas, such as the H-B visa, the employer must first file a condition application with the DOL and then file a petition on your behalf with the USCIS. 

For the E-2 visa, the business must first apply for the E-2 company registration before proceeding to the visa application. 

The L-1 visa requires a petition to be filed and approved by the USCIS before applying for the visa. Simply put, each visa has different requirements and procedures that must be followed for a successful outcome. 

Why You Need An Immigration Lawyer When Applying For A Visa Through Employment

When you hire an immigration lawyer to help you apply for a visa through employment, they wear many hats and provide different types of support throughout the process.

The lawyer will: 

• Ensure you meet the necessary requirements:
  The first task of the lawyer is to ensure you qualify and meet the requirements necessary for the type of employment visa that is required. If not, the lawyer can help you gather the necessary paperwork or suggest an alternative visa if you don’t qualify for the intended one.

• File petition with the USCIS:
  For applications that require you to file a petition, an immigration attorney for employment can help you file the petition. Their experience in this area can prove vital in getting the petition approved. Once approved, the attorney can then proceed to help the employee apply for the visa. 

• Prepare for the in-person interview:
  The in-person interview is another crucial step in employment-based immigration. Employees must be thoroughly prepared for it, and again, employment immigration law can help prepare employees for this interview, maximizing their chances of getting their visa approved. 

Once the process is completed and the visa is granted, the immigration attorney must also ensure that the employee understands the rules they must follow to avoid losing their work visa.

Work With Us To Get Your Employment Visa Approved

Working with the right immigration lawyer can simplify your visa application process in in Cerritos, CA, and drastically improve your chances of living and working in the U.S. At Driggs Immigration Law, we have the experience and passion to make your dream come true and help companies hire the skilled workers they need to spur growth. 

Call us today at (855) 620-5511 to schedule an appointment and review the requirements of your visa application. Our services are available in Sugar Land, TX, and Cerritos, CA.