The threat of deportation or removal from the U.S. is the worst scenario were an immigrant can find him or herself. SFR Law Corporation deportation defense lawyer understands the urgency of this type of cases and will take immediate action to stop your deportation or removal from the United States.
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Work Visas
Whether you are seeking to hire a foreign national, or you are a foreign national wishing to work in the United States of America, there are certain requirements for a non-US citizen to be able to engage in work in the United States. Read below to learn about the types of work visas or contact us to discuss which work visa is the best fit for you and/or your employees.
TYPES OF WORK VISAS
Whether you are a business owner who found the perfect fit for your company in a person who is not a US citizen, or a foreign national who is looking to work in the USA, you will need to obtain a work visa.
The type of job to be performed and the ideal worker for the job will result in different visa categories. SFR Law Corporation is here to find the perfect fit for your unique situation. From temporary work visas to permanent residency, there is a vast array of work visas to choose from, so why to pick the one that everyone has? Instead, we can help make sure that you apply for the right visa for your situation, avoiding an unnecessary wait.
SFR Law Corporation will provide timely guidance to anticipate potential gaps in the immigration requirements and/or processes; keeping in mind the business’ goals and employees’ needs. Having the correct legal advice allows employers and employees to get straight to work, focusing on productivity rather than spending time, energy, and money trying to find a way through the confusing maze of laws, regulations, policies, and timelines of the U.S. immigration system.
Some of the visas that allow a person to work in the United States are:
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H-1B professional/Skilled workers
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H-2B Temporary Non-Agricultural
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B-1 Temporary Business Visitors Visa: short-term entry for business meetings, conferences, seminars or other events
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TN NAFTA Professionals: permits qualified Canadian and Mexican citizens to seek temporary entry into the United States to engage in business activities at a professional level
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L-1 Intracompany Transferee
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R Nonimmigrant Religious worker
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P for athletes or entertainers
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O-1 Individuals with Extraordinary Ability or Achievement
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E Visas 1,2 and 3 for treaty traders, investors, and Australian specialty occupation
At SFR Law Corporation we understand the value of key employees and understand the consequences of missed targets and unexpected delays. With that in mind, we focus on avoiding a gap in an employee’s work authorization; thus, eluding the far-reaching consequences of losing an employee who cannot be retained due to immigration complications. We focus on your particular set of circumstances to choose the work visa that best fits for you, making sure that is properly documented and timely filed. Because we understand that you should focus on your work while we focus on your visa.
WORK PERMIT / EAD
Many people come to the United States to work; however, The U.S. Government only authorizes three categories of migrants to work:
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A person with a Permanent Resident Card (also known as a Green Card),
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A person who arrived in the United States with an employment-related visa
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A person with an Employment Authorization Document (work permit)
If you are not a green card holder, neither have an employment-related visa, you may be interested in a work permit to be able to work in the United States while you are here.
The official name of a work permit is an Employment Authorization Document (EAD). An EAD is necessary to prove to employers that you are legally permitted to work in the United States.
Eligibility for an EAD
To qualify for an employment authorization document, you must identify the category that applies to your particular case. The following categories of foreign workers are eligible to apply for an Employment Authorization Document:
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Asylees and asylum seekers
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Refugees
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Foreign nationals in the United States pursuing the final stage of permanent residence
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Nationals of certain countries given Temporary Protected Status (TPS).
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Fiancés and spouses of U.S. citizens
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Other workers depending on the circumstances.
If you already have a work permit
If you already have a work permit, you may re-apply if:
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You want to renew your work permit because it has or is about to expire.
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You want to replace your EAD because your card is lost, was stolen, or contains incorrect information.
It is important that you adhere to all the conditions of your particular work authorization. If you violate any of the conditions, you could be removed from or denied reentry into the United States. SFR Law Corporation is here to assist you in identifying and collecting the best evidence to support your petition for an EAD and to help you identify in which activities you can engage as work.
High Level EmployeeS
In some situations, employers may need to sponsor foreign nationals for certain jobs if qualified U.S. workers can't be found.
When determining whether or not to sponsor an employee, it is important that the company consider risks, and have the company’s goals present. SFR Law Corporation helps business to find the best option for them and their employees by taking into account the time and costs of hiring and sponsoring the visa of prospective employees. Simultaneously, we will make sure that the business complies with the requirements regarding qualified U.S. workers available to do the job that the foreign national has been hired to perform.
Who is a High Level Employee?
U.S. immigration law has provided for the admission of immigrants with special skills. The Immigration and Nationality Act provides five major categories – known as “preferences” – of green cards for certain people who immigrate to the United States for employment reasons. These preferences are:
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EB-1 Visas Priority Workers. These are green cards for people with “extraordinary” abilities that have “been demonstrated by sustained national or international acclaim,” “outstanding” professors and researchers who are “recognized internationally as outstanding in a specific academic area,” and multinational executives.
People with extraordinary abilities may petition for themselves; while professors, researchers, and multinational executives must be sponsored by their employer.
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EB-2 Visas Professionals with Advanced Degrees. This preference is for professionals such as architects, lawyers, doctors, teachers, and engineers, with advanced degrees. The category also includes immigrants “who because of their exceptional ability in the sciences, arts, or business” will “substantially benefit” the “economy, cultural, or educational interests, or welfare” of the United States. EB-2 visas are also available to physicians who agree to work full-time in areas with a shortage of doctors or at Veterans Affairs facilities.
An EB-2 visa generally may be issued to an immigrant only if the Department of Labor determines that there are not enough U.S. workers who are “able, willing, qualified, [...] and available at the time of application” and that the person will not “adversely affect the wages and working conditions” of U.S. workers. EB-2 visa applications must be sponsored by a U.S. employer.
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EB-3 Visas Skilled and Unskilled Workers. These are visas for skilled and unskilled workers providing services that are not available from U.S. workers, and for professionals, such as engineers and teachers, who do not have advanced degrees. Like EB-2 visas, an EB-3 visa may be issued only upon a determination by the Department of Labor.
Only 10,000 visas are currently available for unskilled workers. Applications for EB-3 visas must be sponsored by employers.
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EB-5 Visas Immigrant Investors. There are green cards available for immigrants who invest at least $500,000 in certain U.S. businesses. You can read more about this type of visa here.
SFR Law Corporation can provide you with clear, accurate, and timely legal guidance that supports your business hiring decisions. Helping you to set reasonable expectations around cost and timing, and relieving you from the stress that comes with the immigration process.