Questions About Getting a Work Visa? We Can Help!

  • Feb 21 2019

At Talamantes Immigration Law Firm, we receive many questions on how individuals can obtain work visas. Work visas are one of the most common ways immigrants and other foreign nationals come to the United States, and they provide a large number of individuals with the opportunity to build a new professional life in America. Here are some answers to common questions we receive about getting a work visa!

Why is it so difficult to obtain a work visa?

Unfortunately, since the terrorist attacks of 9/11, obtaining a work visa has become much more difficult. U.S. immigration law has always been complicated, however it has gotten increasingly more complicated since the attacks. Further, the Immigration and Naturalization Act (INA), which is the law governing U.S. immigration policy, provides for an annual limit of 675,000 permanent immigrants, with certain exceptions for close family members that have been further restricted in recent years.

What is permanent employment-based immigration? Am I eligible?

Permanent employment-based immigration is one of the most sought-after visas, and for good reason! It provides more assurance to the recipient that they will be able to stay in the United States so long as they satisfy the requirements of the program than other work visa options. However, it is also harder to secure this kind of visa due to program caps and requirements.

Permanent employment-based immigration is capped at 140,000 visas per year. The law further provides that there are certain preferences regarding who may receive these visas, and there are caps on how many individuals who satisfy each of these preferences can receive these visas. The preferences include: persons with extraordinary abilities; members of a profession holding advanced degrees; skilled shortage workers with at least two years of training or experience; certain “special” immigrants (like religious workers or ambassadorial staff); and people who will generate $500,000 to $1 million in job creating enterprises employing at least 10 people.

Am I eligible for a temporary work visa?

Temporary work visas are among the most common kinds of visas issued. This is the best option for those who only plan to remain in the United States for a limited period of time. There are more than 20 types of visas for temporary, non-immigrant workers! What this means is that individuals can obtain a temporary work visa for many different lines of work, including intra-company transfers, athletes, entertainers, religious workers, special occupations, and highly skilled workers. Many immigrants with a temporary work visa are sponsored by a specific employer for a specific job offer.

What are national quotas?

The INA places a limit on how many immigrants can come to the United States from any one country. Currently, no group of permanent immigrants from a single country can exceed 7% of the total amount of people immigrating to the United States in a single year. If you are wanting to immigrate from a country where many individuals are also trying to immigrate, you may need to be prepared for a long wait.

Need an Work Visa Attorney?

At the Talamantes Immigration Law Firm, APC, we have represented many work visa clients. Contact Talamantes Immigration Law Firm, APC, today to learn how we can help you.

Posted in: Employment Based Immigration