When pursuing a visa through an employer, there are specific forms to submit and certain criteria to meet. If you fail to apply for the correct type of employment visa or miss any step in the process, your application is likely to be rejected, potentially putting your future plans in serious jeopardy.
Whether you want to sponsor an immigrant worker or seek this documentation for yourself, working with a San Diego employment visa lawyer may be a crucial part in receiving an accepted application. A seasoned visa attorney from Hacking Immigration Law, LLC could offer guidance on what type of visa best fits your needs, what procedural steps you need to take to apply, and what hurdles you may need to clear before your application is accepted.
When an employer in the United States sponsors a foreign worker to be their employee, they are making a guarantee to the U.S. government that this person will remain their employee for the entire time they reside in the United States. Additionally, this sponsor is affirming that the particular role that the foreign worker is filling could not reasonably be filled by any current U.S. citizen or legal permanent resident. This means a sponsor must show that the immigrant has some specialized skill set that cannot already found by a local worker.
Importantly, if a worker residing in the U.S. on an employment visa leaves the job given to them by their sponsoring employer, they must apply for a new visa. Any employer concerned about how long a particular type of employment visa would last or what would happen to immigrant employees in the event of business closure should seek guidance from a San Diego attorney.
There are numerous visas that allow a foreign national to legally work in the United States on either a temporary or long-time basis. Many of these visas are available only to those with exceptional talents or skillset. For instance, O visas are meant for immigrants who have won awards for athletic, artistic, scientific, or similarly prestigious achievements in other fields, while P visas are generally reserved for entertainers and athletes traveling for competition.
Employers seeking to hire foreign-born employees to fill a “specialty occupation” typically require an H-1B visa, which are available only to highly qualified and usually college-educated individuals. Conversely, H-2A and H-2B visas allow immigrants to enter the United States for temporary and/or seasonal occupation in agricultural and non-agricultural fields, respectively.
Finally, if a business of foreign origin wants to establish a branch in the United States or send a foreign employee to work at an existing U.S. branch, a L-1A or L-1B visa would respectively allow entry for an executive officer or skilled professional. A knowledgeable local attorney could help an employer or immigrant determine what kind of employment visa fits their specific needs.
While companies in the United States may hire foreign workers and bring them into the country for work-related purposes, doing so can be a complex and time-consuming endeavor. Between the various types of visas available to apply for and the many procedural obstacles that could get in the way of pursuing one, it is no wonder that many employers and employees struggle to obtain the visas they need.
Seeking help from an experienced San Diego employment visa lawyer could be essential to effectively pursue proper documentation either for yourself or on behalf of a prospective employee. Call today to schedule a consultation and discuss the best approach for your unique situation.