Employment Visa Attorney in Paducah, Kentucky
We take pride in our work at Farmer and Wright PLLC Attorneys, and we work hard to create and maintain a diversified and extremely loyal clientele on a local, national, and international basis. We treat every client the same, regardless of size, and pay great attention to their specific needs, ending in a very satisfied customer.
We deliver measurable results and practical solutions. We understand that the client’s main priority, whether it’s a private corporation, a government body, or an individual, is their legal case.
Why do I need an Employment Visa Attorney in Kentucky?
The United States of America is a place filled with opportunities. It is a country built on aspirations and dreams. Immigrants from all over the world flock to this country in search of a better life and a brighter future. This is the country where everyone has the most opportunities.
This does not, however, imply that it is a simple country to live in. This is due to the fact that the United States has numerous procedures and rules that must be followed in order to dwell there.
When it comes to higher education, professional development, and personal improvement, the United States is the most sought-after country. If you wish to work in the United States but don’t have a green card, you’ll need to apply for a US visa. Obtaining an Employment Visa, on the other hand, might be a difficult affair.
If you are an employer, you must ensure that your employees or contractors are legally permitted to work in the United States. In fact, if you don’t follow federal and state employment regulations, you could face hefty penalties and criminal charges. You can reduce your risks and safeguard your firm by employing an experienced immigration law attorney to assist you in obtaining employment visas for your employees.
Either way, in order to achieve your American dream, you should consult with an experienced visa lawyer. Our most trusted attorneys at Farmer & Wright will be at your side throughout your employment immigration process.
What is an Employment Visa?
An immigrant visa, according to US immigration law, is a document that authorizes a foreign national to enter the United States and later seek lawful permanent residency. These residents have some rights similar to citizens born in the US, including the ability to undertake a job in the country and the opportunity to apply for citizenship.
One of the broad kinds of immigrant visas is the employment visa, which allows people of other nations to work in the United States for a limited time. In most cases, a US company must support the foreign worker’s relocation to the United States for the purpose of employment. Work visas or work permits are other terms for employment visas. Furthermore, the US government limits the amount of job visas that can be awarded each year.
Employers can appeal as a petitioner for employees to permanently relocate to the United States. This is sometimes referred to as employment sponsorship.
It’s worth noting that work certification may be necessary for certain employment based immigration visas. This means there is a need for confirmation from the employer that the person is filling a genuine job opening.
How to get an Employment Visa?
For many organizations and firms in Kentucky, hiring skilled workers from other nations is a terrific method to alleviate labor shortages, but obtaining a green card through employment is not easy.
An employer must first show that there is a need to hire someone from outside the country because no one in the United States is qualified to execute the job.
There are five categories from which to pick if you want to apply for an employment-based visa:
- First Preference EB-1 Visa Category
You must be a non-citizen with exceptional skill, a researcher or professor, or a certain multinational executive or management to qualify for this category. Each category has its own set of standards, although the outstanding skill is usually demonstrated by a track record of national or international acclaim. - Second Preference EB-2 Visa Category
Individuals with advanced degrees or their equivalents are frequently granted EB-2 visas. This also applies to people who excel in the sciences, the arts, or business. - Third Preference EB-3 Visa CategoryEB-3 visas are for skilled workers and professionals from other countries.
- Individuals who require at least two years of training or experience are considered “skilled employees.”
- Individuals who are members of professions that need at least a US college diploma, or its foreign equivalent are referred to as “professionals.”
- Individuals performing unskilled labor that needs less than two years of education, training, or experience are classified as “other workers.”
- Fourth Preference EB-4 Visa CategoryIf you are one of the following, you may be eligible for an EB-4 Visa:
- Special Immigrant Juveniles (SIJs)
- Religious workers
- Certain broadcasters
- Certain retired officers or employees of NATO-6 or civilian employees and their family members
- Members of the US armed forces
- Certain employees of the US government who are abroad, including their family members
- Government employees of Panama Canal Company or Canal Zone
- Certain physicians licensed and practicing medicine in the US
- Afghan or Iraqi translators
- Afghans who were employed by the US government or International Security Assistance Force
- Iraqis who were employed by or on behalf of the US government
- Fifth Preference EB-5 Visa Category
The US Department of Homeland Security, or USCIS, oversees the EB-5 program. This program allows investors, their spouses, and unmarried children under the age of 21 to apply for a Green Card. To be eligible, they must:- Invest in a commercial enterprise in the United States.
- Create ten full-time permanent jobs for qualified American workers.
What are the various kinds of Employment Visas?
To summarize, the various types of work visas are determined by the type of job and the nature of an employee-employer relationship. The E1 to E5 visas, for example, cover a wide range of employment opportunities.
The following are among the most prevalent classes:
- H-1B
H-1B visas are temporary work permits that allow US corporations to hire college graduates in particular industries. They fill positions that demand technical or theoretical skills in specific industries.
- B-1 Visas
The B-1 visa is a type of business travel visa that allows a foreign person to visit and reside in the US for a limited period of time for particular business reasons, such as:- Estate settlement
- Contract negotiations
- Taking part in training
- Attending a convention
The above examples are not exhaustive; many other legal business operations might also qualify for a B-1 visa. The commercial purpose, however, must be directly related to the applicant’s business beyond the United States, and the applicant cannot be provided wage by a US entity.
- L-1 Visas
The L-1A nonimmigrant visa allows a US corporation to relocate an executive or manager from an affiliated foreign office towards an office in the United States for intracompany transfers or to establish an affiliated US office. An L-1 visa can be used by a foreign company that doesn’t have an affiliated office in the United States to transfer an executive or manager to the United States to open one. The employer must, however, complete a Form I-129, Petition for a Nonimmigrant Worker, along with a fee for the employee.
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What are the requirements to obtain an Employment Visa?
Each sort of employment visa category has its own set of applications and eligibility conditions. The following are the requirements for applying for one of the three categories of employment sponsorship visas:
- H-1B
Documentation demonstrating that the application meets the following requirements:
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- Possesses a US bachelors or higher degree from an authorized US institution or university that is required for the relevant specialized occupation, such as an MD degree for work as a doctor;
- Possesses a foreign degree equivalent to a bachelor’s or higher degree in the United States and is connected to the specialty job;
- Has an unrestricted state license, registration, or certification that allows the applicant to fully perform the specialist vocation and be involved in that specialty in the state where the applicant intends to work;
- Has the equivalent of a bachelor’s or higher degree’s worth of education, training, or experience in the specialty; and/or
- Has demonstrated proficiency in the specialty through more responsible roles related directly to the specialization.
- B-1
Documentation demonstrating the applicant’s eligibility in three ways is required:- A description of both the business to be done in the United States, as well as a timetable;
- Return travel itinerary and/or return tickets;
- Important events or activities that will need the applicant’s return to their native country;
- Real estate ownership or other links reflecting the applicant’s desire to go back to their homeland;
- Proof of bank accounts, cash reserves, credits that could support the stay and travel, and proof of paid expenses such as prepaid plane tickets, demonstrating that the applicant has the funds to cover their stay in the United States and return journey to their home country; and
- Any evidence demonstrating that B-1 visa applicant has enough ties to their home nation to ensure that they will return there. This would include things like a mortgage or rental agreement for their home; family members who live in their place of citizenship; foreign bank accounts; as well as other property, employment, or contractual commitments in another country.
- L-1
Requires proof that both employer and employee/s meet the following criteria:- For the duration of the employee’s stay in the US, the employer must have a genuine business relationship with a foreign corporation, as well as to conduct business in the United States and one other country.
- The employee must have worked continuously for a year in the past three years for a qualified organization outside the US and must be seeking admission to work as an executive or manager for a branch of the same employer. Furthermore, the applicant’s position has to be those of an executive or manager.
Contact our Employment Visa Lawyers now!
Farmer and Wright Law Offices lawyers collaborate closely with clients to make the immigration process as simple as feasible. Our business has offices all around Kentucky, including Paducah, Elizabethtown, Louisville, and Hopkinsville, and has a lengthy history of obtaining visas, green cards, and citizenship for those we represent.
For legal advice and a free consultation with our immigration lawyer, contact us today!
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