Work visas
Government restrictions
Unfortunately, the American government imposes a series of requirements that are quite difficult to meet in order to obtain them. A very limited number of visas for foreign workers are issued per year and therefore the shortage of visas. The American government has a policy that companies should prefer American citizens and permanent residents when hiring.
When companies make important efforts and still have not found the right worker then there is the possibility of turning outside the United States to hire that person who can carry out the work that the citizen or resident cannot do.
Are you eligible?
Many people constantly come to my office in order to know what the requirements are to obtain a work visa. Most of them are sent by a potential employer with the belief that it is very easy to obtain a work visa. The reality is that it is not like that.
What is taken into account?
Based on that, I review credentials of the person such as education, work experience, publications, certifications, awards obtained, immigration violations and a criminal record. In relation to the company I check that it is actually operating, economic situation, contracting justification, contracting efforts, its books, bank accounts and legal documents. This background analysis gives me a clear idea to know that Visa could be requested and based on that the person is informed.
It is important to note that most visas require labor certification.
Education
PUBLICATIONS
Work experience
Certifications
Awards
Criminal record
What is next?
Labor Certification
Most visas require labor certification. The U.S. Department of Labor requires justifying the hiring of foreigners, and the company must demonstrate exhaustive efforts to hire citizens or permanent residents. If it complies, the certification is granted.
Review by the USCIS
It goes to the migratory stage. Immigration offices (USCIS) will review the job application and job certification. After a thorough review, they will make a decision.
Visa application at embassy or consulate
If the review by USCIS is positive, then the visa application must be made to a United States Embassy or Consulate. It is there when an officer will determine whether to grant the visa or not.
be in the United States
Admission to the country is discretionary by an immigration officer at some port of entry. If entry is allowed then immigration authorities will be issuing an I-94 which will allow the employee to be legally in the United States as well as the opportunity to work. Most visas also allow spouses and single children under 21 years of age to be included.
Schedule your consultation today
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- 1515 E Missouri Ave, El Paso, TX 79902, USA
- (915) 532-2525
- arodriguez@abogadodriguez.com
- Monday to Friday 9 a.m. - 6:00 p.m.