The Process For Securing A Work Visa
Our Miami employment-based visa attorneys 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 immigrants and first-generation Americans, our partners understand what our clients are going through and know what to do to secure the proper work visas for them. Our Miami work visa 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: This visa is designed for individuals with specialized skills and experience in fields such as IT, engineering, medicine, education and law. Eligible applicants must hold at least a bachelor’s degree or its equivalent, and the role must require this level of education. A U.S. employer sponsors the applicant by filing a petition, demonstrating the job’s specialized nature.
- H-2A visas: This visa allows foreign nationals to perform seasonal agricultural work. Employers must demonstrate that there are insufficient U.S. workers available and that hiring foreign workers will not negatively affect the wages or working conditions of similarly employed U.S. workers.
- H-2B visas: This visa allows foreign nationals to perform seasonal agricultural work. Employers must demonstrate that there are insufficient U.S. workers available and that hiring foreign workers will not negatively affect the wages or working conditions of similarly employed U.S. workers.
- L-1 visas: This visa allows employees of international companies to transfer to a U.S. branch, subsidiary or affiliate. It is available for executives, managers or employees with specialized knowledge. The applicant must have worked for the company abroad for at least one year within the last three years.
Identifying the appropriate visa type is the first step toward securing lawful employment. Let our Miami employment-based visa attorneys guide you if these visa categories seem confusing or intimidating to understand.
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. You can rely on our Miami employment-based visa attorneys to keep you updated on this part of the process.
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 a Miami work visa lawyer.
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 with a Miami employment-based visa attorney.
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. For more information about which categories can lead to permanent residency, don’t hesitate to speak to one of our Miami employment-based visa attorneys.
What Are The Employment Preference Categories For Visas?
There are five primary employment-based preference categories:
- EB-1: This category is for individuals with extraordinary ability in sciences, arts, education, business or athletics, as well as outstanding professors or researchers and multinational executives or managers. It offers a pathway to permanent residency without requiring a labor certification.
- EB-2: Applicants must possess an advanced degree or demonstrate exceptional ability in their field. This category often benefits individuals in professions like healthcare, engineering or academia. It also offers the potential for a National Interest Waiver, which bypasses the need for employer sponsorship.
- EB-3: This category is for skilled workers with at least two years of experience, professionals with a bachelor’s degree or unskilled workers performing jobs for which there are insufficient U.S. workers. Labor certification from the U.S. Department of Labor is typically required.
- EB-4: This category includes religious workers, certain long-term employees of U.S. government agencies and other specialized groups. It provides a direct path to permanent residency for those meeting specific criteria.
- EB-5: This visa is for individuals who invest significant capital (at least $800,000 in a targeted employment area) into a U.S. business that creates at least 10 full-time jobs for U.S. workers. It offers a direct route to permanent residency for the investor and their immediate family.
Each category has specific eligibility criteria and may offer different rights and pathways to permanent residency. If this is confusing for you, feel free to consult our Miami work visa lawyers for more information about the different employment preference categories.
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 Miami work visa 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.