There are many visas to work in the United States.
Unfortunately, the American government imposes a series of strict requirements to obtain a working visa. The U.S. government issues a very limited number of working visas per year and there is a large number of visas filed and therefore there is a shortage of visas. The U.S. government has a policy that companies should hire American citizens and permanent residents first. When companies make important and sufficient hiring efforts and still have not found the right worker then there is the possibility of looking outside the United States to hire that person who can perform the work that the U.S. citizen or resident cannot or is not willing to do.
Many people constantly come to us with the purpose of knowing what the requirements are to obtain a working visa. Most of them are sent by a potential employer who have a belief that it is very easy. The reality is that it is not like that. After the initial consultation, we can get an idea if the person could be a good candidate for a working visa. If the person does not meet the minimum requirements, we immediately inform them to avoid false expectations and unnecessary expenses. On the other hand, if the person and the company meet the requirements then we suggest them a feasibility study. The results of this study will confirm that the work visa requirements are met.
Based on that, Attorney Rodriguez reviews the credentials, such as education, work experience, publications, certifications, awards obtained, immigration violations, and criminal records. In reference to the company, we check that it is actually operating, economic situation, hiring justification, hiring efforts, its books, bank accounts, and legal documents. This background analysis gives us a clear idea to know which visa could be requested and based on that the person is informed.
It is important to note that most visas require a labor certification. The U.S. Department of Labor requires a justification of the hiring by the company. This stage is very complex, intense, and expensive because the company will have to justify the hiring. If the company proves it then the labor certification is granted. Then the immigration office (USCIS) will review the immigration application along with the labor certification. After a thorough review, they will make a decision. If it is positive then the visa application is filed with the U.S. Consulate abroad. It is in this stage that a consular officer will determine if the working visa is approved. Finally, the person has to be admitted at the port of entry to the United States. Admission to the country is discretionary to an immigration officer. If an admission is allowed then the immigration authorities will be issuing an I-94 which will allow the employee to legally live and work in the United States. Most working visas also allow spouses and unmarried children under 21 years of age to be included.