DC WORK VISA LAWYER
We are dedicated to assisting you with the US work visa application.
Schedule your consultation with our Washington, DC work visa lawyer today.
Do you want to work in the US?
Under the US immigration law, authorized employment in the US can be obtained either through a temporary work visa or an employment based green card. If you want to work in the United States, depending on your personal goals and qualifications, you may be able to obtain either a temporary work visa or an employment based green card. A variety of temporary work visas exist allowing you to work in the U.S. for a certain amount of time. An employment based green card will allow you to become a permanent resident based on your employment status. Each option has different criteria and requirements, and it is important to determine which option is appropriate for you by talking to our DC work visa lawyer today.
There are various types of temporary US work visas available to foreign workers. Each is issued for a specific employment activity and for a limited time. Temporary work visas are considered non-immigrant visas and therefore do not automatically lead to a green card. On the other hand, if you are interested in immigrating to the US through your employment, then see our section on Employment based Green Cards below.
With a few exceptions, a temporary US work visa requires a job offer by a US employer who will have to file an I-129 petition with the US Citizenship and Immigration Cervices (USCIS). To apply for a US work visa, you will require an approved petition. Further, some temporary work visas require Labor Certificate from the Department of Labor.
Because you have an option of applying for a work visa abroad or changing your status to a specific US work visa status in the US, it is important to talk to a work visa attorney to ensure you are familiar with all of the applicable rules and requirements.
Multiple employment based green cards available to individuals whose long term goal is to immigrate to the United States through their employment. Employment based green cards are divided into multiple categories and subcategories. For example, an EB1 first preference is divided into EB1A, EB1B, and EB1C employment based green cards.
Generally, a US employer must make an employment offer to a foreign worker and file a petition with the USCIS on behalf of the worker.
There are two exception to this rule: The EB1 extraordinary ability and the EB2 National Interest Waiver (NIW) workers can petition for themselves because there is no requirement of a job offer or a Labor Certificate for these two categories. If you would like to learn more about the EB1 extraordinary ability green card or NIW requirements, please contact our US work visa attorney for a consultation.
Once the USCIS finds that the immigrant falls within one of the preference groups, the worker can then apply for a permanent resident status (green card). The employment based green card application can be made at a US Consulate abroad through a process called “consular processing.” If the foreign worker is already in the US and is eligible, then the worker can apply for a green card through “adjustment of status.” If you are not sure what process applies to you or how to proceed further, our US work visa lawyer can help you to determine your options.
US Work Visa Options for Startups, Entrepreneurs, and Business Owners
Startups, entrepreneurs, and business owners have various temporary and permanent US work visa options available to them.
While there is no specific class of business visas under the US immigration laws that allow foreign business owners and startups to establish and grow a business in the US, there are certain types of visas available to them. Before making any decisions, you should consider consulting with a US work visa lawyer who can provide legal guidance specific to your needs.
US Work Visa Options Available to Entrepreneurs and Startups include:
- International Entrepreneur Rule: this US work visa specific for entrepreneurs has finally taken effect. Entrepreneurs that meet the program requirements are free to apply
- E1 and E2 visas for investors and traders (*must be a citizen of a treaty country)
- H1B visa for professionals in specialty occupations. By creating an independent board of directors, your company can sponsor you for a visa
- L1 visa for foreign workers and company owners wishing to transfer to a new or existing US business
- O1 visa for extraordinary ability individuals in business and startup world. Similar to an H1B US work visa, your company can sponsor you for a visa
- EB1A extraordinary ability green card
- EB1C multinational executive green card
- National Interest Waiver (NIW) green card
- EB-5 investor green card for international entrepreneurs who are seeking to obtain permanent residence in the US based on their investment
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Your education, skills, achievements, employment goals, and type of occupation that you want to perform in the US will determine which US work visa or employment based green card you might be eligible for.
Which Work Visa is Right for You
Almost any foreign national can apply for a US work visa. Depending on your short or long term goals, there are different options available to individuals seeking temporary or permanent employment in the United States. If you would like our DC work visa lawyer to assess what employment visa or green card you could qualify for, please contact us today to schedule a consultation.
O1 Visa – A Work Visa For Extraordinary Ability Individuals
O1 visas are available to persons of proven extraordinary ability and achievements in the sciences, arts, education, business, or athletics. To be considered a person of extraordinary ability, you must have sustained national or international acclaim in your field. The O1 visa allows you to come to the US to work at a particular event or project, for the length of time it is necessary to complete the said event and project. The O1 visa is a temporary US work visa and is granted for a maximum of 3 years, with unlimited extensions in one-year increments.
US Work Visa Options Include Temporary and Permanent Options, Including:
- E1 and E2 visas: for investors and traders
- H-1B visa: for specialty occupations
- L1 visa: L1A and L1B visas for foreign workers and company owners wishing to transfer to a new or existing affiliate U.S. business
- O1 visa: visa for extraordinary abilities and achievements in business, sciences, education, athletics, and arts
- EB1 green card: this classification includes extraordinary ability; outstanding researchers and professors; as well as managers/executives
- EB2 green card: based on exceptional ability or advanced degree
- NIW green card: based on US national interest
- EB3 green card: professionals, skilled, and other workers
- EB5 green card: for investors
Why a US Work Visa is Necessary
Unless you are a US citizen or permanent resident, in most cases, you are required to apply for a US work visa to be authorized for employment in the US. The United States offers a variety of temporary and permanent US work visa options.
The Difference Between a US Work Visa and a US Work Visa Status
A US work visa is an actual stamp in a passport, which gives a worker various privileges, including the right to leave and come back to the US during the work visa validity period. The work visas are obtained at US consulates and embassies abroad. On the other hand, persons who are already present in the United States and want to obtain an employment visa, they have to apply for a change of status to a US work visa.
“Status” is the name given to certain privileges you receive once you are in the US. For example, if you entered the US on an F-1 student visa, but upon graduation were offered employment, you will need to change your status from an F-1 student visa to an appropriate US work visa status. For instance, an H-1B status.
The biggest difference between the US work visa “status” v “visa” is the fact that a person who is on the H-1B status cannot leave and enter the US. If this person wants to travel abroad and come back to the US, he or she will have to go to the US embassy or consulate abroad and obtain an actual H-1B visa stamp in their passport before they can return to the US.
Procedure for Obtaining an Employment Based Green Card
The procedure for receiving a permanent US work visa has a few steps: the immigrant worker usually must be sponsored by a US employer who files an I-140 petition with the USCIS. The I-140 petition classified the foreign worker as a person qualified to immigrate through their employment.
Furthermore, before the employer can file the petition with the USCIS, the employer must first obtain Labor Certification (PERM) from the Department of Labor certifying that no US workers are available to fill the position offered to the immigrant.
The PERM requirement does not apply to EB1 green card preference category. Also, this requirement does not apply to foreign workers who had the Labor Certificate waived through the National Interest Waiver (NIW) under the EB2 category.
Once the PERM certification has been issued (when required) and an I-140 petition has been approved, the final step is the application for a green card through adjustment of status (if the worker is in the US and is eligible) or consular process (if the worker is abroad).
Why Should You Consider Hiring Our DC Work Visa Lawyer?
Our work visa lawyer in Washington DC is dedicated to assisting professionals, entrepreneurs, startups, and company owners with their employment visa needs. We will gladly assist US work visa clients from all 50 states and worldwide.
Our knowledgeable and dedicated DC work visa lawyer offers a wide variety of employment visa services. We understand that application process can be stressful and complicated. Our job is to provide you with guidance and representation during this complicated process.
Once you have found a job, your US employer will normally hire and pay for the services of a DC work visa lawyer to help prepare and submit the necessary application materials. In situations where the employer has not yet hired an immigration attorney or you are filing on your own behalf, you should consider consulting with a DC work visa lawyer to help you navigate through this unfamiliar and complex process of obtaining either a temporary or permanent US work visa.
“We are a nation of immigrants. We are the children and grandchildren and great-grandchildren of the ones who wanted a better life, the driven ones, the ones who woke up at night hearing that voice telling them that life in that place called America could be better.”
HOW CAN WE HELP?
The Law Offices of Victoria V Kuzmina provide U.S. Immigration services to clients from all 50 states and worldwide. If you need help or have questions about an immigration matter, please contact us by phone or email to set up a consultation with our Washington, DC work visa lawyer.