Employment-Based Immigration

«El Show Sin Fronteras»

Our today's broadcast of "El Show Sin Fronteras" was hosted by our attorneys Kate Lincoln-Goldfinch and Sonia Ansari, the newest addition to the firm's legal team. We open the Live by informing you that our firm now offers services in employment-based immigration, with the help of Sonia, who offers her expertise in the area.

H-1B Visa

The most common visa, as attorney Sonia told us, is the H-1B Visa. This type of visa is for professionals with specialized jobs, which means that it is necessary to have a degree, not necessarily obtained in the United States but the equivalent of a 4-year Bachelor's Degree.

There are a limited number of H-1B visas available for allocation each year (approximately 85,000) and the application deadline is April 1. It should also be noted that if you are an H-1B Visa holder and you obtain a new job with a different employer, the new employer must file a new H-1B Visa application in your name. This type of procedure does not count against the annual H-1B visa cap.

What Happens When the Employee Does Not Have A Legal Status?

Employment-Based Immigration Visa Austin Texas

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What happens in the case of individuals who are working for U.S. companies, who are eligible for an H-1B visa but do not have lawful immigration status? Why is it harder in these cases to obtain lawful status based on employment?

The drawback these individuals face is that it is not possible for them to obtain a Provisional Unlawful Presence Waiver unless they have an immediate family member who is a U.S. citizen and files this waiver application for them. In many scenarios, this is not the case. And if they do have a family member, it would be much easier to approach the case under family-based immigration law than under employment-based immigration law.

TN Visa

The second most common type of employment-based visa is the TN visa. This type of visa was created during the signing of the North American Free Trade Agreement (NAFTA) in the 1990s. Unlike the H-1B Visa, not all professions are eligible for a TN Visa - a list of 60 professions is available for consultation with specific requirements for each profession.

In the case of TN Visas, there is no annual visa allocation cap. It is possible to apply as long as the applicant is a Canadian or Mexican citizen. In the specific case of Canadian citizens, it is possible to apply for this type of visa at the border, while Mexican citizens must complete this process at a Consulate and it generally does not take long. It is usually approved for an initial period of 1 to 3 years, which may of course be extended.

Attorney Kate recommends that immigrants consult with a legal professional, and stresses that each case is different, almost like a fingerprint. Therefore, with the right legal advice, each case can be approached using the best strategy available.

E-3 Visa

The third type of Employment Visa is the E-3 visa. To apply for this visa, you must meet the following requirements, among others:

- Australian Nationality

- Legitimate offer of employment in the United States

- Academic or other applicable credentials

- The position to be filled is a specialized one.

One of our followers sent us the following question:

"When it comes to education requirements, do employment visas require people to graduate from specific types of Universities? If I go to my classes online or on the weekend, could this be a problem?"

Our lawyer Sonia answered that it is possible to apply with a degree obtained from an online university, as long as it is equivalent to a Bachelor's Degree or its 4-year equivalent.

Part of our mission is to bring peace to immigrant families and provide them with access to the information that they need to assert their rights, so Attorney Kate again extended her invitation to contact us at Lincoln-Goldfinch Law at (855) 502-0555. We offer free legal advice on immigration, work-related, and bankruptcy matters.