Employment Visa Attorney Referral Service

Vast economic opportunities and better employment and living conditions lure immigrants from around the world to the United States, but foreign nationals who plan on entering and working anywhere in the U.S. need an employment visa.

The issuance of a visa depends on the qualifications of the applicant and their compliance with application rules and procedures for obtaining it. Immigration law and the issuance of visas are complex matters. If you wish to work and reside in the US, consulting an immigration lawyer at the earliest opportunity is essential.

What is an Employment Visa?

An employment visa is a document showing that a non-citizen, who is the holder of the visa, has been allowed by the U.S. government to enter and work in the U.S., either temporarily or permanently. There are different types of Employment Visas, each designed to meet specific employment situations and skills of the foreign employee or worker who plans to work in the U.S.

Generally, there are two ways for a foreigner to legally work in the U.S.: through a temporary non-immigrant visa or a permanent employment immigrant visa.

  • Temporary working visa: This visa category is non-immigrant and is used for fixed period employment in the U.S. To obtain a non-immigrant work visa, your prospective employer must first file a petition with the United States Citizenship and Immigration Services (USCIS). When the petition is approved, the employee can then proceed with applying for a work visa
  • H1B: This type of non-immigrant visa is for persons in a specialty occupation and who possess a higher education degree. Examples of occupations that fall may qualify for H1B visa are government-to-government research and development
  • H2A: This type of visa is for temporary agricultural workers from designated countries
  • L: The L or Intra Company Transferee visa is for those seeking to work at a branch, parent, affiliate, or subsidiary of the current employer in a managerial or executive capacity or requiring special knowledge. To qualify, the foreign national must have been employed with the same employer for at least 1 year continuously and within the preceding 3 years

Other types of temporary employment or work visas include those for individuals with Extraordinary Ability and Achievement, for individual or team athletes, artists, entertainers, participants in cultural exchange programs and members of entertainment groups.

Are there any specific laws in California pertaining to Employment Visas?

Some California statutes require a valid working visa for a resident foreign national to avail of certain privileges.

  • California Code Sec. 9601.5 makes it the duty of government agencies that provide employment services such job training, retraining, and placement, to verify a person’s legal status and authority to work before providing such services to that individual. Acceptable evidence of an individual’s legal status or authority to work in the US includes a valid immigration (employment) visa
  • California Penal Code Sec. 112 makes it illegal for anyone to manufacture or sell fake government documents intended to conceal a person’s true citizenship or residence alien status, such as an immigration employment visa and Employment Authorization Card (EAD)
  • DMV California requires applicants of an original California driver’s license to first present an acceptable birthdate/legal presence document such as an Employment Authorization Card (EAD) issued to foreign workers residing in the US

How Can an Attorney Help?

Immigration laws, visa types and visa application procedures are complex and intricate that a poor understanding of the requirements may disqualify an applicant and harm their future chances of working and living in the U.S. An immigration attorney can help you:

  • Determine your eligibility for a specific type of work visa
  • Increase your chances of obtaining an approval of your visa application by ensuring that you complete the application forms correctly, gather the right documents and aim for the visa most appropriate to your situation
  • In extreme situations by defending you in removal proceedings

In the San Fernando Valley, California, looking for an immigration attorney is quick and easy using our online lawyer referral system. The SFVBA online referral system consists of qualified and experienced immigration attorneys who can help prospective employers and foreign talent obtain employment visas appropriate for their needs.