One of the main ways you can get a temporary visa, or sometimes even a green card, is through your employer. In an employment immigration situation, your attorney typically represents the company (your employer), and you are considered a “product” that can be plugged into an approved job. Please note that it is nearly impossible to fix an “overstay” problem through an employment visa, so if you are hoping for this type of visa, make sure you don’t limit your opportunities by staying beyond your legal time.
Who is eligible for an Employment Visa?
It’s fairly easy to get an EB1 visa if you are a sports star or top entertainer. Additionally, if you happen to have a million dollars to invest in the United States, an EB5 visa may be an option for you. Individuals in these categories, and a few others, can usually successfully self-petition for an employment visa in the United States.
For the rest of us, it is typically the employer who is the petitioner, which means that the job must first be certified. The company must demonstrate that they are paying the market wage for the job, and that they are not discriminating against American citizens by hiring you. In other words, they are required to show that no American has been shut out of the job.
What about skilled professionals?
If you are a skilled professional with an advanced degree, you may be eligible for Schedule A consideration of your application. Nurses and Physical Therapists, for instance, are currently in high demand in the U.S., and if you have the appropriate licenses, you may be able to obtain a work visa or a green card more easily.
If you are considering applying for an employment visa, I urge you to give us a call today. There are a number of different kinds of visas, and each has its own restrictions and applications. We can help open the door to a new career.
TNT Law. Opening the Door for You.