Immigration law is a complex and ever-changing area of the law. It can be difficult for business owners to know where to turn when they have questions about hiring foreign workers or sponsoring employees for visas.
Fortunately, there are immigration lawyers who specialize in helping businesses deal with these issues. When you work with an immigration attorney, you’ll get access to their expertise and access to resources that would otherwise be out-of-reach. Our new phrase is: An immigration lawyer can explain to you how to obtain a residence permit or a work permit, what the formalities are for the employers and help you hire foreign employees easily.
This post will explain why it’s important for organizations working with foreign nationals to hire an immigration lawyer from Farmer Law PC and what kinds of services employers can expect:
Why Hire an Immigration Law Firm?
Hiring an immigration law firm will enable you to gain the expertise of lawyers who know how to navigate the legal system and avoid costly mistakes. The firm can provide guidance on the best course of action and help you with documentation.
This is particularly useful when your company wants to recruit a foreign national but does not have sufficient knowledge about U.S. employment visas or other types of visas for non-U.S. citizens, such as those for permanent residency or citizenship (green cards).
What Kinds of Services Does an Immigration Lawyer Provide?
Immigration lawyers provide their clients with advice and counsel regarding the various immigration issues they face. They also represent their clients before the USCIS, Immigration Court and BIA. Most importantly, an immigration lawyer can help you to prepare and file petitions, applications, appeals and other documents related to employment-based visas.
A good attorney will know how to navigate the complex world of US immigration law so that you don’t waste time or money on expensive mistakes. For example:
- An experienced lawyer will be able to tell you whether or not your organization qualifies for a particular type of work visa based on its size or industry
- They are aware of all relevant laws that apply to immigrants coming into the United States for employment purposes
- They know which forms must be filed in order for your employees’ paperwork to be accepted by federal agencies
What to Expect When Working With an Immigration Attorney
When you work with an immigration lawyer, you can expect a few things. First of all, you will be expected to provide information about the type of visa that you are applying for and any other documentation that may be needed. This is so the lawyer can best prepare your case and be sure they have all of the necessary information when they begin working on it.
You should also expect them to ask for additional documentation and evidence, especially if your case is complex or unusual (such as if there are multiple applications involved).
Finally, when working with an attorney from an immigration firm like ours, keep in mind that costs will vary depending on what services are being provided and how long the process takes. Generally speaking though we require payment after we file paperwork or within 30 days at most—and then respond within 24 hours of receiving payment—so make sure someone is available during those times!
The Most Common Types of Visas
The H-1B visa is a nonimmigrant visa that allows foreign workers to temporarily work in the United States. The H-1B visa is a nonimmigrant work visa for foreign nationals coming to the United States temporarily to perform services in specialty occupations.
To qualify for an H-1B visa, you must have at least a bachelor’s degree or its equivalent and specialized knowledge of your profession or field of study that qualifies you for employment within that profession or industry
Other types include:
H-3 Non-Immigrant Trainees
H-3 visas are granted to foreign nationals who wish to enter the U.S. temporarily to train with a sponsoring employer. The training program must include theoretical and practical training that will improve the trainee’s skills and qualifications in the occupational field.
The L1A/B Intracompany Transfer
The L1A/B Intracompany Transfer is a non-immigrant visa that allows international companies to transfer their employees to the U.S. temporarily. The employee must work for the parent company (the petitioner), but can also work for any of its subsidiary companies in the United States.
J-1 Exchange Visitors
The J-1 Exchange Visitors Program is a program under the United States Department of State’s Bureau of Educational and Cultural Affairs (ECA). It was created by the Mutual Educational and Cultural Exchange Act of 1961, which has been amended numerous times since then. The purpose of the exchange visitor program is to promote international understanding through educational and cultural exchanges.
J-1 visas are non-immigrant visas issued by U.S. embassies and consulates that allow foreign nationals to enter the country as an exchange visitor. There are two types of J-1 visas:
- A visa issued to those traveling to the U.S. for academic purposes or professional training
- A visa issued to those traveling to the U.S. for an internship or research experience with an organization that is approved by ECA
TN1/2 NAFTA Professionals
For professionals in a NAFTA (North American Free Trade Agreement) profession that is on the TN List, there are two types of visas available. These are the TN-1 and the TN-2. The first is for Canadian citizens working in the U.S., and the second for Mexican citizens working in the U.S.
H-2A Visas
This visa is available to citizens of foreign countries who are coming to the United States to perform agricultural labor or services for a U.S. employer during the time of year when there are not enough U.S. workers who are able, willing, qualified, and available at the time and place needed to perform the temporary work.
H-2B Visas
The H-2B visa is for nonimmigrant aliens who will be employed temporarily in nonagricultural occupations that fall within a shortage occupation list published by OFLC every six months based on information provided by the Department of Labor’s Employment & Training Administration (ETA). The list includes occupations such as construction work.
In Conclusion
If you’re looking for a way to hire employees who can fill important roles in your organization and secure visas that will help them stay longer, it’s time to talk with an immigration lawyer from Farmer Law PC.
These legal professionals are experts in employment and immigration law and can help you navigate the process of getting a work visa for an employee or family member.