Every year, thousands of individuals from around the world come to the United States for employment reasons. This is because of the many opportunities that working in the United States can provide. While some individuals come to work on a temporary basis, others are able to secure permanent employment in the United States. This can be life-changing for a family that may not have had such opportunities in their home country. Immigration on the basis of employment can be a very complex matter that requires the guidance of an experienced immigration attorney. Detzky, Hunter & DeFillippo, LLC has decades of experience guiding clients through this process and allowing them to achieve their employment goals. We understand how much is on the line for immigration matters. Our firm handles a wide variety of employment immigration matters, some of which include but are not limited to employment visas, investor visas, and employment authorization documents. If you need our help, we are ready to serve. Contact Detzky, Hunter & DeFillippo, LLC for a consultation to discuss your legal matter.
Types of Employment Visas
Most of the individuals who come to the United States on the basis of employment are able to do so with nonimmigrant visas. The process of obtaining an employment visa can be complex because different jobs require different visas, all of which have their own eligibility criteria that must be met. If an individual wishes to temporarily work in the United States, they will have to obtain a visa. Some of the temporary nonimmigrant employment visas are as follows:
- H-1B visas, which are for professional employees. There is a congressionally-mandated H-1B visa cap of 65,000 for each fiscal year with an additional 20,000 for those with advanced degrees.
- H-2B visas, which are for temporary or seasonal unskilled workers. The congressionally-mandated cap per fiscal year for H-2B visas is 66,000.
- B-1 visas, which allow individuals to come to the United States on a short-term basis for meetings, seminars, conferences, or other professional events.
- TN visas, which are for professionals from Mexico or Canada that have sponsors in the United States.
- L-1 visas, which are for executives and managers that are being transferred to subsidiaries or regional offices in the United States. L-1 visas can support an application for permanent residency.
- F-1 or M-1 visas, which are for students. F-1 visas are for academic students attending college, university, conservatory, high school, elementary school, or another academic institution. M-1 student visas are for vocational students.
- R-1 visas are for religious workers that will be temporarily employed by a religious vocation for at least 20 hours per week.
PERM Labor Certifications
Though these employment visas are temporary, they may be extended one or more times. It is important to note that after the last extension, the individual must return to their home country. However, if the individual wishes to obtain permanent residence in the United States, they may have to go through the PERM labor certification process in order to avoid having to go home after the visa extension period has ended. A PERM certification requires an employer to initiate the process. The primary goal of this lengthy process is to convert the status of the foreign national worker from nonimmigrant status to permanent resident status. Be aware that this process can take a long time. If it is not started early enough and the visa extensions expire, the individual may have to return to their home country until the process is completed. This is important to consider at the beginning of one’s stay in the United States. If you are considering becoming a permanent resident after an employment visa expires, contact Detzky, Hunter & DeFillippo, LLC to discuss your options.
Employment Authorization Documents
An employment authorization document is a work permit that simply means the United States Citizenship and Immigration Services has granted an individual the right to work in the United States. The application for an employment authorization document is filed with Form I-765. These documents are valid for a limited and specific period of time. The individuals that may apply for an EAD are as follows:
- Asylees/Refugees
- Citizens of certain nationalities
- Some foreign students
- Employment-based nonimmigrants
- Family-based nonimmigrants
- Employment Authorization Document applicants who have applied to adjust their status
One may have to apply for an EAD renewal, replacement, or for interim use for 240 days. It is important to consult with an experienced employment immigration attorney that can determine what best fits your situation. Contact Detzky, Hunter & DeFillippo, LLC today.
Contact an experienced immigration law attorney
Detzky, Hunter & DeFillippo, LLC understands that coming to the United States for employment can be an important opportunity to support one’s family. The application process can be complex. It is important to consult with an experienced attorney. Our firm is here to guide you through your options and determine what employment visa is best in your situation. Contact Detzky, Hunter & DeFillippo, LLC today to discuss your case.
