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Employment-based Immigration

Employment Visa Attorney in Milwaukee, Wisconsin

Many people aspire to work in the United States, whether a person wishes to immigrate to take care of their families or pursue a road to citizenship. Many people aspire to live and find employment in the U.S.

At Miller & Miller, an experienced visa lawyer can assist and support you in achieving your employment based immigration objectives. Contact Miller & Miller Immigration Lawyers, LLC for a consultation with an experienced immigration lawyer.

Why do I need an Employment Visa Attorney in Wisconsin?

The United States is a land of endless possibilities. Immigrants from all across the world come in pursuit of a better life and future in the country with the most opportunities for everyone. People who want to come to the US because of work or a job offer can apply for permanent residence or an immigrant visa while they are still outside the country. But immigration law can be complex and perplexing. To guide you in your journey, it is beneficial to seek the advice and aid of an expert immigration lawyer if you are interested in acquiring an employment based visa in the US.

What is an Employment Visa?

employment visa attorneyEmployment visas are features on a passport that allows non-citizen workers to enter the United States and work over a certain length of time. Because there are only a few of these visas available, there is a lot of competition to get one. 

They are normally granted on a limited-time basis and are dependent on sponsorship by the worker’s potential employer. A corporation should first complete and submit an Immigrant Petition for Foreign Worker in order to sponsor an employment visa or recruit a skilled worker. An employer can sponsor an employment visa if the application has been approved by the US Department of State.

Work authorization in the United States

granted by the United States Citizenship and Immigration Services (USCIS) which allows the holder to work legally in the United States. It’s not the same as a green card. 

Non-residents who are temporary in the U.S. can apply for work authorization using Form I-765, Application for Employment Authorization. Employment authorization is granted for a set amount of time. Foreign nationals having work permission can legally work for any employer in the United States. Aliens who are sponsored by particular United States employers and awarded temporary work visas are allowed to work for the sponsoring firm under another program.

Since receiving a response to an I-765 petition can take a long time, an interim authorization might be issued. When USCIS has not adjudicated an application within 90 days of receipt of a properly submitted application or within 30 days of receipt of a properly filed asylum-related application, an interim authorization can be provided to an eligible applicant. Only a 240-day interim authorization will be issued.

Types of Employment Visas

Based on one’s circumstances, there are many various kinds of employment visas available. The prevalent types of such visa are listed below:

  • E Non-immigrant Visa for Traders and Investors: This visa is for managers and employees who need to stay in the United States for a long time to manage projects or do specific tasks.
  • F1 Student Nurses: This allows a nurse as a temporary worker in the United States, for a limited time as a part of an Optical Practical Training (OPT) program.
  • H-1B Professional Worker Non-immigrant Visa: For foreign employees or professionals in specified “specialty occupations” that demand highly specialized expertise and a bachelor’s degree or higher in a specific field. Caused by revisions in immigration regulations and procedures, as well as yearly restrictions on the number of visas given, H-1B visas became harder to acquire in recent years. Workers who get the visa can bring their families with them and apply for permanent residence.
  • H-1C: This type of employment visa, which allowed registered nurses to work in the United States, expired in 2009. However, due to a continuing nursing shortage, government officials are considering reinstating H-1C visas.
  • J-1 Physician’s Visa Waiver, commonly known as “Conrad Waiver” or the Conrad 30 Program: The program requires physicians wanting to practice medicine and permanently reside in the United States to acquire a waiver based on labor shortages in a specific area, a federal job offer, or other circumstances.
  • L-1 Intercompany Transferee Non-immigrant Visa: Available to certain high-level managers, executives, and personnel with specific knowledge who wish to transfer from a company’s overseas office to fulfill a similar position in the United States. The spouse and children of a worker may also be admitted.
  • Non-immigrant Visa for Individuals of Extraordinary Ability or Achievement: This category provides a pathway for talented or renowned foreign citizens who may not be qualified under other work-related nonimmigrant categories or who simply prefer to avoid them. There are no limits on the number of people who can be granted “O” category visas, unlike the H-1B program.
  • Permanent Labor Certification: This is the procedure for obtaining permission to hire foreign labor to work in the United States permanently. The system is designed to protect American laborers by requiring the Department of Labor to confirm that there aren’t enough American workers willing and able to accept an employment opportunity in a given area and that the foreign national’s employment will not have an adverse impact on the pay and working conditions of similarly employed Americans.
  • TN Visas (NAFTA): For Canadian and Mexican citizens who work in selected specified occupations.

What does “Alien” status mean?

A non-citizen and non-national of the United States is referred to as an “alien.” Aliens can be classified as resident or nonresident, immigrant or nonimmigrant, documented or undocumented (illegal).

In order to get a job in the United States, a foreigner must have entered the country legally and hold a work visa. Although it is inappropriate to ask potential employees if they are citizens of the United States, you may enquire about their work permits. In general, it is the responsibility of the individual to secure essential work authorization. Many work authorization visas, on the other hand, are employer-based, mandating the employer to apply for the necessary visa.

An alien may still not begin working until the relevant visa has been issued; most visa applications do not include work authorization. Employing someone who does not have the right visa can lead to fines for the employer, as well as negative ramifications for the alien’s ability to get a visa and permanent residence.

Immigrant v. Non-immigrant Visas

Immigrant and non-immigrant visas are the two categories of visas available. The latter are often issued to those who are visiting the United States temporarily, such as tourists and business travelers. The non-immigrant visas H, J, O, and TN are the most commonly used for aliens working. Individuals should apply for H, J, and O visas. TN visas can be applied for either by the employer or the employee, depending on the circumstances. These visas are tied to a specific job with a certain company.Students on F-1 (nonimmigrant) visas are also allowed to work part-time on campus for no more than 20 hours a week. Following the completion of a degree at a United States college or university, students may be authorized to work (in their field of concentration). Optional Practical Training (OPT) or Curricular Practical Training (CPT) may be available through their degree-granting institution. To assist OPT-employed individuals, a USCIS Employment Authorization Document (EAD) is required. The student is in charge of getting the OPT EAD.Immigrant visas allow holders to live permanently in the U.S. and petition for citizenship. The most common immigrant visa category is permanent resident, popularly known as the “green card,” which allows an alien to stay in the United States indefinitely and is not tied to specific employment or employer. This visa may be appealing to non-citizen employees who seek to work in the U.S. indefinitely and apply for other employment.In rare situations, employers may be required to seek a permanent residence application on the employee’s behalf. Institutions should set guidelines for deciding when they might support and file permanent residency petitions.

Call our Employment Attorneys now!

When it comes to legal problems, Wisconsin residents have always trusted Miller & Miller Immigration Lawyers, LLC. Our caring Milwaukee immigration lawyers can assist you with green card applications, adjustment of status, citizenship applications, employment immigration, and other immigration issues.

Our team of excellent immigration attorneys works with corporate clients to sort through different immigration methods so that employees and their families can get and retain lawful immigration status. Consult an expert immigration attorney if you want to get legal advice and apply for work permits. 

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