Helping Businesses With The Employee Visa Process
As the energy, defense, aerospace and other industries continue to expand across the south-central U.S., bringing in workers from overseas is often necessary for businesses to continue growing. John W. Lawit helps businesses across Texas and New Mexico with immigration issues to bring workers into the country. In the process, we also help people from around the globe obtain employment visas to help U.S. businesses meet their employment needs.
The Immigrant Employee Visa Application Process
The application process for temporary employment-based immigrant visas is complicated. There are five preference categories of visas based on the skills, education and abilities of individual workers. Each preference category has a unique set of requirements and directives. Depending on the type of visa and the immigrant’s country of origin, both the Department of Labor and the U.S. Citizenship and Immigration Services (USCIS) may require applications at different points in the application process.
The number of employment-based immigrant visas granted each fiscal year is limited to approximately 140,000. Incoming visa petitions are processed in chronological order from the day they are filed until the annual limit for the preference category is met. An improperly filed petition is automatically rejected and may effectively ruin your chances of getting a visa in the future. By partnering with us, we’ll make sure all documents are filed correctly and on time.
Nonimmigrant (Temporary) Employee Visas
Nonimmigrant visas are used for projects that are limited in length, anywhere from a few months to a few years. The most common type of temporary visa is the H-1B visa, available to foreign nationals who have specialized skills. The U.S. currently limits H-1B visas to 85,000 per year with 20,000 of those reserved for workers who have a master’s degree. Because applications for H-1B far exceed the number available, working with an immigration lawyer to make sure applications are filed quickly and accurately can be critical to getting the workers you need.
TN visas were created as part of the North American Free Trade Agreement and are available exclusively to citizens of Canada and Mexico. Unlike the H-1B, TN visas can be extended indefinitely. Only professionals with a baccalaureate or Licenciatura degree qualify under TN visa guidelines. The guidelines also list 63 types of qualifying positions that include medical professionals, teachers, managers, designers and other skilled professionals. Unskilled workers do not qualify for the TN visa.
There are several other types of nonimmigrant visas for other workers; L visas are used by international companies to transfer employees between branches in different countries, R visas are used for religious workers, and O visas are used for people with extraordinary abilities or who have earned distinction in their field. No matter what type of visa you need help with, the attorneys at John W. Lawit can assist you with the application process.