What is Required to Qualify for an H1-B Work Visa?
The “H” visas are used to allow different workers into the U.S. and include such diverse categories as models, nurses, and agricultural workers. In order to qualify for an H-1B visa, you must work in a specialty occupation. These occupations include fields like biochemistry, chemistry, computing, architecture, research, law, accounting, journalism, medicine, economics, education, research, technical writing, theology, and certain workers in the arts. Individuals who hold H1-B visas may eventually be permitted to apply for green cards and permanent residence. Every year, the U.S. limits the number of H-1B visas it issues and many more applications are usually received than there are visas. The U.S. Citizenship and Immigration Service picks applications by a random selection process until the cap is reached. Certain fields, like university workers, may be exempt from the cap. Individuals can also bring their families to the U.S.
Individuals must have a job offer, must qualify for an H1-B visa, must be randomly selected from the many applications submitted, and then they still must meet all requirements for the visa. Usually, the employer will be responsible for filing the application. If you are considering hiring in the U.S. through the H1-B visa route, consider reaching out to a qualified employment visa lawyer like J. Joseph Cohen, in San Antonio, Texas. I can help you every step of the way and identify any other possible routes by which you can acquire an employment visa.
Sometimes employers find it beneficial to transfer workers from a foreign branch to workers in the U.S. under one of the “L” visas. This can promote knowledge sharing, increase value to the company, and lead to growth. In order to qualify for an intracompany transfer, you must work for the company abroad for one year continuously. Individuals who qualify are managers, executives, or individuals with specialized knowledge. If you are considering an intracompany transfer or moving foreign workers to the U.S., speak to J. Joseph Cohen, a San Antonio, Texas employment visa lawyer today.
Individuals with Extraordinary Talent
Individuals who have shown extraordinary ability or talent in the sciences, arts, education, business, athletics, or motion picture and television, may qualify for extraordinary talent visas. Individuals who work with this person, a family member of the person or others who provide crucial services can also receive visas. These “O” and “P” visas are unique because few people qualify for them; however, in certain circumstances, this may be one avenue for individuals to get employment visas to work in the U.S. If you are an employer looking to hire someone like this, J. Joseph Cohen is an employment visa lawyer in San Antonio, Texas who can review your case and help you find the best category work visa for the employee.
Certain investors and business leaders can apply for investor visas known as the “E” visas if they plan to engage in substantial trade in qualifying business activities or invest a substantial amount of capital in the U.S. In order to qualify for an investor visa, you must be a citizen of a treaty country with which the U.S. maintains treaties of commerce and navigation. If you are considering applying to the U.S. under an investor visa, J. Joseph Cohen is an employment visa lawyer in San Antonio, Texas who can help you understand your options and requirements.
Under the North American Free Trade Agreement, individuals in certain fields who are citizens of Canada or Mexico are permitted to work temporarily in the U.S. These “TN” visas are non-immigrant visas. These visas do not qualify a person for a green card. However, they allow a person to work in the U.S. in approved fields for a specified period of time. If you are considering moving to the U.S. to work under NAFTA, you must have a job offer in one of the covered fields. Whether you are an employer looking to hire a Mexican or Canadian worker or an employee in Canada or Mexico looking to work in the U.S., it can be helpful to have the assistance of an employment visa lawyer like J. Joseph Cohen in San Antonio, Texas. I can help you put together your paperwork. Contact me today if you are considering working or hiring in the U.S. under a TN visa.
Work-Based Green Cards
We have discussed some of the nonimmigrant employment visas that are available. What type of immigrant employment visas are available?
Workers in several categories may qualify for employment-based green cards. These include persons with extraordinary ability, advanced degrees including professors and researchers, professionals, multinational managers, skilled and unskilled workers, entrepreneurs and investors, and other special categories. Often the employer will also file these petitions. These visas are described as follows:
- Employment First Preference (EB-1): Priority Workers
- Employment Second Preference (EB-2): Professionals Holding Advanced Degrees and Persons of Exceptional Ability
- Employment Third Preference (EB-3): Skilled Workers, Professionals, and Other Workers
- Employment Fourth Preference (EB-4): Special Immigrants
- Employment Fifth Preference (EB-5): Immigrant Investors
J. Joseph Cohen: An Employment Visa Lawyer in San Antonio, Texas
There are many different types of employment visas. Some are temporary (non-immigrant) visasand some are permanent (immigrant) visa. Choosing the right option can make a big difference in how long a person can stay in the U.S., whether the person can apply for a green card and other rights. If you are thinking of hiring a person coming to the U.S. under an employment visaor you are considering a self-petition for yourself, consider reaching out to J. Joseph Cohen, an employment visa lawyer today. I will take the time to understand the goals and dreams, provide an understanding of which visa options are available, and help navigate the visa process.