Employment Visa Attorneys
Learn More abOut Employment Visas
Comprehensive Visa Assistance applicant must secure an applicable offer of employment from a U.S.-based employer to obtain one of these visas. Employment visas can be granted to people living outside the U.S. and those currently in the country hoping to adjust their legal immigration status.
If you want to find work or advance your career in the United States, our Annandale employment visa lawyers can help you explore your options. Our team at Johnson & Masumi has served thousands of clients and is extensively familiar with a wide spectrum of employment visas. We are not afraid of complex cases and will work to identify solutions to help you achieve your immigration goals.
Employment-Based Green Cards
U.S.-based employers can sponsor prospective foreign workers for green cards, which confer lawful permanent residency if they fill permanent positions and obtain labor certifications. Five tiers of employment visas are issued each year, and each tier has criteria applicants must meet to qualify.
- EB-1 visas have three sub-tiers and typically apply to people recognized as industry leaders, accomplished experts, or highly skilled professors.
- EB-2 visas are designed for people with advanced degrees and specialized skills.
- EB-3 visas are largely intended for professionals with bachelor’s degrees
- EB-4 visas are issued to certain religious workers and immigrants in miscellaneous Special Immigrant categories.
- EB-5 visas can be obtained by investors who measurably improve the U.S. economy through job creation.
Some of these visas, such as the EB-2 visa, require sponsorship from a U.S.-based employer, while others do not. Our Annandale employment visa attorneys can determine which of these immigrant visas is right for you.
A Visas
A visa enables foreign diplomats, officials, government employees, staff, and families to travel to and conduct official business in the United States. Work facilitated by A visas must be performed on behalf of the recipient’s home country.
The A-1 visa is for dignitaries and government representatives, including delegates, ambassadors, consuls, heads of state, and other diplomatic officials. Immediate relatives of A-1 recipients are also eligible to travel to the U.S. on this visa.
The A-2 visa applies to all other foreign government employees who intend to conduct business on behalf of their home country in the United States. This typically includes people employed at embassies, consulates, or military bases. The A-3 visa covers personal employees of A-1 and A-2 visa recipients.
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A visa can generally only be obtained through the cooperation of the United States and the applicant’s home country. These visas last for up to three years and can sometimes be renewed.
TN Visas
TN visas can be issued to individuals living in Mexico or Canada and planning to move to the U.S. to perform specific services. Eligible applicants must work in professions or possess special skills that meet the professional requirements of Schedule 2 of NAFTA. These visas are valid for three years but can be extended for additional three-year increments. TN visas may also be used to extend H-1 and L visas.
E-2 Visas
The E-2 visa allows treaty investors can qualify to temporarily live and work in the United States to support a business they have invested in. To qualify for this visa, an applicant’s home country must maintain a trade treaty with the United States. An applicant must then make a qualifying investment in a U.S.-based enterprise and intend to come to the country to support that investment.
Spouses and unmarried children under 21 can accompany E-2 visa recipients to the United States. Spouses will also generally qualify for work authorizations while in the country on this visa.
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E-2 visa is similar to the EB-5 visa but is not a green card and therefore does not confer lawful permanent residency. However, the E-2 visa can facilitate indefinite stays in the U.S., as the visa can be renewed unlimited times so long as certain qualifications are met. Consequently, this visa can be a great choice for people who wish to live in the country semi-permanently but do not wish to become lawful permanent residents or citizens.
H Visas
Four types of H visas are potentially available to foreign nationals. All employment visa requests must be filed with United States Citizenship and Immigration Services (USCIS), and each visa type has its application and distinct eligibility requirements.
The H-1B visa covers temporary workers pursuing what is classified as “specialty occupations.” People who qualify for these visas typically have higher education and specialized training. Only 65,000 H-1B visas are issued each year, and the process for obtaining one can be extremely competitive.
H-2A and H-2B visas apply to workers who take seasonal, temporary jobs in various industries, including agriculture. The H-2A visa is specifically intended for agricultural workers, while the H-2B visa covers all other seasonal and temporary positions.
People pursuing special training in the U.S. – excluding graduate medical education or training – can apply for the H-3 visa. This type of visa must be used to facilitate education or training unavailable in the applicant’s home country.
The H-4 visa can be used by spouses and unmarried children under 21 of other H visa recipients, particularly those who obtain H-1B visas. H-4 visa recipients face certain work restrictions while present in the United States. Still, they can convert their status to other types of visas – including those that allow employment authorizations – if they qualify for those benefits later in their stay.
L Visas
L visas allow recipients to live and work in the United States for an extended period, making them highly desirable amongst eligible professionals. Three types of L visas are available.
L-1A visas allow parent companies, subsidiaries, affiliates, or branches of companies based in the United States to transfer executives or managers from an overseas office to a U.S. location. This visa can also be used to transfer executives to establish an office in the U.S. if one does not already exist. The business must be functional during the visa recipient’s stay in the country, and applicants must submit evidence that sufficient office space has been secured.
Employees traveling under an L-1A visa must have worked for their sponsoring employer for at least one of the preceding three years. The U.S.-based office must be able to support an executive employee within one year of the visa’s approval. Recipients of this visa are generally approved to stay in the U.S. for an initial period of three years, and a limited number of renewals are sometimes available.
L-1B visas are similar to L-1A visas in that they can be used to transfer an employee to a U.S. location or establish an office in the country. While L-1A visas are intended for executives and managers, L-1B visas cover employees with specialized knowledge. The sponsoring employer must prove that a prospective transferee’s specialized knowledge requires them to be in the U.S. for an extended time. They must also prove the company will provide services or produce and sell products.
Like with the L-1A visa, L-1B visa applicants must have worked for their sponsoring employee for at least one of the last three years. L-1B visas are valid for up to five years.
L-2 visas allow spouses and unmarried children under 21 to accompany L-1 visa recipients to the United States. These visas remain valid for the same duration as the corresponding L-1 visa, and L-2 recipients can study and work in the United States. L-2 visa holders may also be eligible to apply for lawful permanent resident status.
O Visas
O-1 visas are issued to individuals with extraordinary or outstanding skills in specific fields. The O-1A visa is given to accomplished professionals in the sciences, education, business, or athletics fields, while the O-1B visa covers professionals in the film and television industries.
O-2
visas allow support teams to accompany O-1 visa recipients to the United States. O-2 visa recipients must either help O-1 visa holders complete their work or offer specialized skills or knowledge that is not available in the U.S. O-3 visas permit spouses and unmarried children under the age of 21 of O-1 and O-2 visa holders to accompany their family members to the country.
Speak to an Experienced Employment visa Immigration Attorney
Applying for an employment visa may not be as straightforward as expected. Our Annandale employment visa lawyers are familiar with many hurdles immigrants routinely face when seeking these visas and can advise you throughout the application process. Johnson & Masumi is a full-service immigration law firm, and our team can also help with other types of benefits, including student visas, fiancé visas, naturalization, and more.
