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I counsel both employers and employees on how to obtain the most appropriate working visas needed to further their business capabilities, career goals, and comply with immigration regulations.

Nonimmigrant/Work Visas are visas that provide permission to work temporarily in the United States based on a specific job offer by a U.S. employer. Visas require a visa petition by an employer that must be filed with the U.S. Citizenship and Immigration Service (USCIS) before employment authorization can be granted.

The most widely used nonimmigrant visa is based on an employment offer by a U.S. employer in a Specialty Occupation (H-1B visa) that commonly requires a four year college or university degree in a specific field as entry qualification and a related degree by the applicant. Those applicants who do not hold such a degree may qualify by virtue of experience. It is important to know that H-1B visas are subject to an annual quota so that visas are often not readily available. Call for current time frames.

There is a separate Specialty Occupation Visa category for Canadian or Mexican nationals (TN Visa) that covers specific occupations or Australian nationals (E-3 Visa) which are usually available throughout the year and can be obtained right at the border.

Immigrant Visas - Green Card are visas that provide permission to live and work for anyone permanently in the United States because of specific qualifications for certain jobs or a U.S. employer cannot find a qualified U.S. worker for a particular vacant job. Requirements and wait times for obtaining a green card through employment greatly depend on the preference classification of a worker / position. Generally applications through positions that require at least a master degree or a bachelor degree plus 5 years progressive experience have shorter wait times.

It is important to understand that a green card application through employment can take considerable time to be concluded and does generally not provide for employment authorization until late in the application process. For applicants to work in the U.S. while the application process is ongoing or has reached a certain stage, they will have to secure an appropriate nonimmigrant visa to be in the U.S. and work or will have to remain outside the U.S. until the green card is approved.

Please call for a free phone consultation if you have a specific employment situation that you wish to discuss.