How Our Work Visas Attorneys Los Angeles Can Help You Get a Work Visa
In the United States, all employers are required to confirm that employees are here legally and able to work in this country. Many employers ignore the law and often hire undocumented immigrant employees for cheaper labor. In other words, if an individual is not a U.S. Citizen or here in this country as a lawful permanent
resident of America, they will need a legal work permit, also known as an Employment Authorization Document to work lawfully. Please note that it is the responsibility of both the worker to provide proof of his or her ability to legally work, and that of the employer to verify the person’s employment status. If you are confused about any content in this paragraph or have further immigration questions, it might be best for you to seek the assistance of an experienced immigration attorney regarding the ability to get an employment visa or an immigrant work visa. In a recent report, it was found that many foreign nationals continue to seek permission to legally work in the United States despite our current presidential administration’s anti-immigrant sentiment. There are four categories of workers who are permitted to work in the United States and that includes the following list:
- An immigrant who is authorized to work
- A lawful permanent resident
- A citizen of the United States
- A non citizen national of the United States
The Difference Between Non-Immigrant Workers And Immigrant Workers
A temporary worker is a person who seeks work in this country on a non-permanent basis for an express purpose. This is accomplished through non-immigrant employment-based visas. Permanent immigrant workers are men and women authorized to live and work in this country on a permanent basis. Foreign nationals living in the USA cannot work unless they have received permission under the terms and conditions of an employment visa, immigrant work visa, another status, or separately applied for and received a work permit through a program like DACA or TPS.
Most people are not aware of the legal requirements and steps you must follow. For this reason, you should seek the advice and counsel from the experienced and dedicated attorneys for non-immigrant workers at Alami Law. We know your rights and speak your language. Our hard-working legal professionals can explain why you need a work permit and why any employer will require proof of your immigration status to prove your ability to work.
Note: Any employer who violates the rules of the immigration game can face serious sanctions from the United States government.
Who Doesn’t Need To Apply Separately For A Work Permit:
Students can work under certain circumstances, but they must get permission from an authorized school official at the school or college. An attorney for student visas can explain how a green card works, too. All green card holders can work in the United States by presenting their green cards to their employers. Immigrants who later become U.S citizens will be able to show their passports or naturalization certificates to employers as a verification that they are legally able to work.
Special Note: All employees, including U.S. citizens and permanent residents, need to prove their ability to work here in the U.S. When you get legal help, you should ensure you receive an Employment Authorization Document (in most situations not involving a nonimmigrant visa), which is proof to show any employer that you are legally allowed to work in the United States. And that includes students, refugees, spouses and fiancés of U.S. citizens who have not yet obtained their lawful permanent residence, and all foreign nationals. For a better understanding of the U.S. immigration process, refer to our supplemental articles below.
Yes, an employer can fix your legal status if he/she is a permanent resident in the U.S. Employee petitions are one of many options, to help you on your path to citizenship. If you were offered a job in America because you have the knowledge, skill, expertise, and experience that your company needs, then it is right for them to help you fix your legal status in the country. Whether it is on a temporary or permanent basis, appropriate documentation must be submitted to the USCIS. Read on to learn more about sponsorship in accordance with green card applications.
It can take between two to seven months for the USCIS to process applications. The amount of time varies per applicant, as it can depend on several factors, such as:
- The type of visa you applied for.
- Accuracy of information that you provided.
- Deadlines and number of applications.
To ensure that the application process goes smoothly, you should get legal help from a work visa lawyer.
Applying to work in the U.S. can be challenging if you are unfamiliar with the immigration process. Employers can offer sponsorship to prospective employees that live outside the country. The application process is straightforward. An employer must be able to demonstrate the following:
- He/she is a permanent resident in the U.S.
- Prove that qualified applicants in the U.S. were not interested in the job.
- The job offer was accepted prior to filing a Perm Labor Certification application.
Once approved, they can sponsor your application. It can take several months to a few years to hear back from USCIS. For more information about the application process refer to this article.
Working in the U.S. is highly desirable to numerous foreign nationals. There are several types of work visas available. In fact, the government grants 65,000 visas per year, in addition to 20,000 that are granted to foreign professionals with a higher degree. It is common for temporary positions to turn into full-time roles and permanent residency. Read on for an overview of work visas available in the U.S.
E-1 visas allow individuals or employees of companies to enter the U.S. to engage in trade activities or operate a business venture in which they have a substantial financial investment. It may also cover immediate family.
E-2 “Treaty Investor” visas are available to citizens or nationals of one of more than 30 countries that have trade treaties with the U.S. It allows individuals with ability to invest to set up a business.
To qualify for an E-1 or E-2 visa, certain qualifications must be met. You must be a citizen of a country with which the U.S. has an existing treaty. Additionally, at least 50 percent of the business being conducted must be between the U.S. and the treaty nation.
The EB-2 visa will grant permanent residency to foreign nationals who possess either advanced degrees or exceptional ability in select fields. If you are applying for the visa under the Advanced Degree or Exceptional Ability categories, your application must include an individual certification from the U.S. Department of Labor (Form ETA-750). Should you be applying for a National Interest Waiver, you will file an application directly with the USCIS, making sure you include Form I-140, Petition for Alien Worker.
The EB-3 visa is a category that gives immigrants a path to green card status after obtaining a full-time, permanent job offer. This petition is for: those seeking positions requiring 2+ years of training or experience; professionals whose job requires a bachelor’s degree; unskilled workers. The company that wants to hire you must get labor certification approval from the Department of State.
EB-4 visas, or religion-based visas are intended for ministers seeking approval to stay in America. Although religious visas are not as frequently requested it is available to those that qualify. While any religious worker can apply for an EB-4 visa, they must meet a two-year requirement working for the religious denomination of their choice to be eligible. Applicants must prove that they are a priest or minister of a religious denomination through certifications, licenses, or other forms of proof.
If you need to apply for an EB-4 visa, it is best to speak with an immigration lawyer in Los Angeles to determine the one most suitable for your situation. The EB-4 visa is an employment-based green card for specialized applicants like religious workers. Getting through the application process can be frustrating and confusing. Legal professionals can provide clarity and assist you with:
- General requirements
- Applying for the EB-4 visa
- Priority date and fee reminders
- Guidance on appropriate visas and supplemental documentation
EB-5 stands for “Employment-based 5th preference category.” It is the last of five similar employment-based immigration programs offered through the USCIS.
For applicants with a qualifying net worth, it is an opportunity to become a permanent resident. To apply you will need to invest between $500,000 and $900,000. This money must directly finance the creation of a new business in the U.S. and be able to employ at least 10 American workers. If you desire to invest in a business in this country, you will need an EB-5 visa.
The H-1B visa allows individuals with specialized occupations to work temporarily in the United States. If you own a start-up, it can be used to sponsor your H-1B visa. The USCIS will approve your application if you have a bona fide employer-employee relationship with a sponsoring U.S. employer. Since the inception of the program, several new regulations have come along that make it more challenging for people to apply and get approved for it. It’s best to have an attorney for H-1B visas oversee the process.
Extraordinary ability green cards (EB-1A) are given to individuals who demonstrate exceptional ability in the sciences, arts, education, business, or athletics department. USCIS defines “extraordinary ability” as “a level of expertise indicating that the individual is one of that small percentage who have risen to the very top of the field of endeavor.”
Are you thinking of applying for a work visa? If yes, understanding the complexities behind the long-term process is a great first step. Requirements must be fulfilled before a foreign national allows you entry into the U.S. for work. There are two categories of employment-based immigration: temporary employment or permanent employment. In this article, you will learn more about both options and how to start the immigration process.
It can take from several months to a few years for an immigrant to get approved for sponsored work in the U.S. If you are an employer who is interested in hiring foreign employees and plan to sponsor them permanent residency, then you must have a firm understanding of the process. While you lead the immigration visa process, you may undergo several processes on behalf of your employees before he or she is eligible to obtain a green card. Read on for more information about sponsorship, the timeline, and potential ways to expedite the process.
Applying for a U.S. work visa is not always straightforward. A legal professional can help you determine whether you are eligible for any of the visas above, or others that may not be on this list. If you are being sponsored by a company, they will usually provide an employment immigration attorney in Los Angeles to work with you as you apply. If you have questions, don’t hesitate to reach out to our legal team. We make every effort to help our clients on their path to citizenship.