In this article, you will learn about:
- How to successfully obtain an employment-based visa.
- The steps employers take to set foreign workers up for visa success.
- The vital role of an attorney in work visa applications.
What Are The Most Common Types Of Work Visas This Firm Generally Assists With?
This firm works mainly with temporary work visa applicants.
The most common work visas include HB1, HB2, and HB3 visas. Each of these visas are for temporary workers who are needed in the U.S. for a short period of time.
These visas are often awarded to workers in agricultural and landscaping businesses.
The Process Of Qualifying For A Work Visas
Each employment visa begins with the employer. First, the employer must be certified by the U.S. Department of Labor (DOL). On the DOL’s website, employers can complete an application requesting eligibility to hire foreign workers.
This first step can be a somewhat lengthy process. The DOL requires multiple forms of documentation. For example, one of these documents shows that the employer has put employment ads out seeking eligible U.S. employees and that they have been unable to find qualified candidates. What’s more, they must show that they need further employees and that they will pay those foreign employees the prevailing wage.
Once an employer’s application is approved, they will petition for their employee through U.S. Citizenship and Immigration Services (USCIS). This petition is the I-140 application. Included in their I-140 application, an employer will submit their approval for foreign employees from the DOL.
If the USCIS approves the I-140 application, the worker will then be issued a visa and have an interview in the U.S.
Can My Family Come With Me On A Work Visa?
Yes — family members can come with a foreign worker on their visa! There are provisions for “derivative beneficiaries” in I-140 visa application approvals. Derivative beneficiaries are the spouse and children of a visa-approved foreign worker.
How Long Are Work Visas Valid?
These visas are usually valid for up to three years.
What Might Be Some Reasons That A Work Visas Would Be Denied?
There are many reasons why a work visa may be denied. But one most common reason sticks out among the others.
If a petitioning employer does not sufficiently prove that they need to hire a foreign worker over a U.S. worker, the USCIS will stop a work visa in its tracks.
The good thing is any employer can reapply for foreign worker eligibility with the DOL every 60 days. In fact, the DOL sends employers a letter of notice when their applications are denied. This letter describes the reasons for the denial and explains what steps the employer might take to find approval.
What Can I Do If I Am Denied For A Work Visa?
If you are denied a work visa, your options tend to be limited. The best course of action may be for your employer to re-submit an application with the DOL to be approved to hire of foreign workers.
Should I Contact An Attorney When Applying For A Work Visa?
Attorneys are crucial to the success of any employment-based visa.
These applications are tedious and complex. In fact, even a skilled attorney will need at least nine months to prepare for a DOL application.
This is because there needs to be proper time spent documenting that the employer has placed active employment ads online and in newspapers. What’s more, the employer will need to have taken numerous other steps before attempting an application of this kind. If these steps aren’t taken beforehand, the application will almost certainly be denied.
Working with an attorney saves time and money in an already time-consuming process. By having an expert on hand, you can reduce expensive roadblocks and halting delays.