UNDERSTANDING THE COMPLEX RULES GUIDING WORK VISAS IN THE UNITED STATES

Introduction

Thinking about working in the United States? Getting a grip on work visas can help make that dream come true. The US has a bunch of different work visa options, each one suited for various jobs, situations, and how long you want to stay. A work attorney in Dallas can help you figure things out.

Let’s check out this easy guide to work visas and see what is out there for you.

Overview on work visas

Work visas are official permissions that let people from other countries work in the US for a temporary or long-term period. These visas are usually sponsored by employers and cover a wide range of industries and skill levels. Get to know if your skill qualifies by speaking with a work attorney in Dallas.

Work visas are a big part of the nearly 200 types of visas available in the US. They generally let a foreign national come to the US and work either permanently or for a set time. They can show up as a printed document, a stamp or sticker in your passport, or even an electronic record.

A work visa is different from a work permit, which lets someone who is already in the US work freely. A work permit doesn’t allow you to enter the US, but a work visa does. Learn more about the difference from a work attorney in Dallas.

Forms of work visas

• H-1B visa

This visa is mainly for specialty jobs and lets companies hire foreign workers in fields that need specific knowledge.

• H-2A visa

For temporary agricultural workers, this visa allows employers to bring in foreign workers for seasonal or temporary farming jobs.

• H-2B visa

Like the H-2A, but for non-agricultural temporary workers, this visa helps industries that have seasonal or peak times when they need extra help that local workers can’t cover.

• L-1 visa

This one is for companies that need to transfer employees from their offices overseas to their US branches.

• O visa

The O visa is for people with exceptional skills or accomplishments in areas like arts, sciences, sports, education, or business.

• E-1/E-2 visas

These visas are for people from countries that have trade agreements with the US. The E-1 is for traders dealing in significant trade, while the E-2 is for investors putting a big chunk of money into a US business. To get specific details about these visas, you should hire a work attorney in Dallas.

• E-3 visa

Only for Australian citizens, the E-3 visa helps them work in specialty jobs in the US.

• EB-1A visa

This visa is for people with extraordinary abilities in fields like science, arts, education, business, or athletics. It doesn’t need a specific job offer but requires proof of major accomplishments in their field. If are you wondering about the difference between this visa and an O visa, contact a work attorney in Dallas now!

• EB-1B visa

For top professors or researchers recognized in their academic area, this visa needs a job offer from a US institution and solid proof of outstanding achievements.

• EB-1C visa

This category applies to an executive or manager of a corporation outside the US who comes to the States to work in a related corporation. The applicant oversees major operations of the company, and their service should be through a petitioning organization.

• J-1 visa

The J-1 is not exclusively a work visa but provides entrance for individuals who participate in exchange programs involving work and studies that promote exchanges in culture as well as transfer of knowledge.

• R-1 visa

This visa option is for religious workers. This R-1 allows people of all faiths from diverse religious denominations or groups to come to the US to work solely for religious purposes in any form.

• P visa

Under the P visa, there are Athletes, artists, Entertainers and their essential support staff for particular events, competitions or performances.

What to do to get a work visa?

For a US work visa, one must have an offer from a particular employer in the US. That employer will sponsor the visa by filing a petition with the US Citizenship and Immigration Services. This kind of work visa comes under a big category called petition-based visas. It is smart to seek the advice of a work attorney in Dallas before you take any step.

If your petition gets approval, you will be allowed to apply for a work visa at a US consulate or embassy in your home country. The requirements can change based on the type of visa you are going for, but most applicants generally need to meet these basic requirements:

• You must have a job offer from a US employer.
• Your job must be in an occupation that is on the work visa-eligible occupation list.
• You must have the appropriate education and/or work experience to perform the job.
• You must demonstrate that you will return to your country of origin upon expiration of the work visa.

Helpful tips

• Check if you can change your status and get a work visa

Not all kinds of tourist visas can be switched to work visas in the US. Pre-check if it is allowed with your kind of visa and also follow any other required immigration law.

These are things a work attorney in Dallas will do for you in determining if you qualify and taking you through the procedure.

• Have a solid job offer

In the case of a work visa, the individual should have a valid job offer from a US-based company; for this, an offer in a particular context is required, and further processing needs proper paperwork.

Assist your employer in the preparation of all kinds of supporting documents you may require to make a change of status application.

• Have Form I-129 properly filled out

This is the very critical step underlying your switch to a work visa in the US. The petition should be completed with all the information you will need, including proof of a job offer and qualification for the change of status.

• Prepare for the consular interview

If the US employer’s petition is approved by USCIS, you may also be called for an interview at a consulate in your home country. You should, therefore, prepare for this by gathering all the necessary documents like a valid passport, the completed Form DS-160, and proof of employment, among other things.

• Follow all immigration rules

After obtaining your work visa in the US, it becomes super important that you follow all immigration rules and maintain your legal status. This implies keeping up with the terms of your job, renewing your visa when time is up, and following labor and tax laws of the country.

• Seek a work attorney’s advice

It is highly recommended that, before initiating any process, you have a talk with an experienced work attorney in Dallas who can evaluate your situation, describe your options, and guide you through the steps you must take to legally obtain your work visa.

Get help!

Figuring out work visas can be tricky, but with the right info and help, it is totally doable. Whether you are looking to land a job or you are an employer wanting to bring in talent, knowing the ins and outs of work visas is key to opening up new opportunities in the US.

Remember, the counsel of an experienced work attorney can make obtaining a visa much easier and your transition to working in the United States much smoother.

At Gehi and Associates, our experienced team can guide individuals and businesses through this complex process. Contact us today for personal support and take assured steps to get the appropriate work visa to suit your needs.

Call us today for personalized assistance in your immigration journey!