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Under the U.S. immigration law, a foreign national can obtain authorized employment in the U.S. either through a temporary work visa or an employment-based “green card.” If you want to work in the United States, you may be able to obtain either a temporary work visa or an employment-based green card depending on your personal goals and qualifications. 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 D.C. work visa lawyer.
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 Services (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 can apply for a work visa abroad or change 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.
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 entrepreneurs and startup founders to work and grow a business in the US personally, certain types of visas are available to them. However, before making any decisions, you should consider consulting with a US work visa lawyer who can provide legal guidance specific to your needs.
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.
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.
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.
Our work visa lawyer is dedicated to assisting professionals, entrepreneurs, startup founders, and company owners with their employment visa needs. Our practice is set up to assist 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 the application process can be stressful and complicated. Our job is to provide you with guidance and representation during this complex process.
Once you have found a job, your US employer will typically hire and pay for the services of an immigration lawyer to help prepare and submit the necessary application materials. However, 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.
The Law Offices of Victoria V. Kuzmina provide US Immigration services to clients in 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 immigration attorney.
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