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 are issued per year for foreign workers and that is why there is a shortage of visas. The American government has a policy that companies should prefer American citizens and permanent residents when hiring. When companies make significant efforts and still have not found the ideal worker, there is the possibility of looking outside the United States to hire that person who can do the job that the citizen or resident cannot do.
Many people come to my office all the time in order to find out what the requirements are for obtaining 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 this is not the case.
Based on this, I review the person’s credentials such as education, work experience, publications, certifications, awards obtained, immigration violations and criminal record. In relation to the company, I review that it is effectively operating, its financial situation, justification for hiring, hiring efforts, its books, bank accounts and legal documents.
This in-depth analysis gives me a clear idea of what visa to apply for and based on that, the person is informed.
It is important to note that most visas require a labor certification.
Most visas require a labor certification. The U.S. Department of Labor requires justification for hiring foreigners, and the company must demonstrate extensive efforts to hire citizens or permanent residents. If it complies, the certification is granted.
We move on to the immigration stage. The immigration offices (USCIS) will review the application for work and labor certification. After a thorough review, they will make a decision.
If the USCIS review is positive, then the visa application must be submitted to a U.S. Embassy or Consulate. It is there that an officer will determine whether to grant the visa or not.
Admission to the country is at the discretion of an immigration officer at a port of entry. If entry is permitted then immigration authorities will issue 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 for the inclusion of spouses and unmarried children under 21 years of age.
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