The United States has always been a prime destination for individuals seeking better career opportunities, but navigating the complex web of employment-based visas and work authorization can be overwhelming for foreign workers. Whether seeking temporary or permanent residency, the U.S. immigration system provides various pathways for immigrants working in the country, and Emandi Law Firm is ready to make the process of receiving a working visa easier than ever for employers and employees alike.
Temporary Work Visas: H-1B and L-1 Visas
One of the most common ways for foreign workers to come to the U.S. temporarily is through the H-1B Visa. This visa is designed for professionals in specialized fields such as IT, engineering, and medicine. To qualify, applicants must hold at least a bachelor’s degree in their field, and a U.S. employer must sponsor them by filing a petition with the United States Citizenship and Immigration Services (USCIS). However, the H-1B is capped annually, meaning only a limited number of visas are issued each year, making the process highly competitive.
Another common temporary work visa is the L-1 Visa, which allows multinational companies to transfer employees from their foreign offices to U.S. locations. The L-1 is particularly useful for executives, managers, or specialized knowledge workers within international firms. Unlike the H-1B, the L-1 does not have an annual cap, but the individual must have worked for the company abroad for at least one year before applying.
Pathways to Permanent Employment-Based Visas
For those seeking more permanent employment opportunities, employment-based immigrant visas provide a route to live and work in the U.S. permanently. There are five preference categories under employment-based immigrant visas. These include professionals with advanced degrees, skilled workers, and individuals with extraordinary abilities. In many cases, securing an immigrant visa requires sponsorship from a U.S. employer, who must demonstrate the need for a foreign worker due to a lack of qualified U.S. applicants. For certain categories such as the EB 1 extraordinary ability green card or the national interest waiver, you will not need an employer if you can demonstrate your exceptional ability in a particular field and/or in the national interest of the United States.
This process typically begins with the employer filing a petition with USCIS, followed by the secondary petitions and/or consular processing for the green card.
How Can an Illegal Immigrant Get a Work Visa?
For immigrants already in the U.S. without legal status, the path to obtaining a work visa is complex but not impossible. While there is no direct path for an undocumented immigrant to receive a work visa, there may be options through adjustment of status or family-sponsored immigration. Additionally, individuals who qualify for programs like Deferred Action for Childhood Arrivals (DACA) or Temporary Protected Status (TPS) may be eligible to receive work permits. However, each case is unique, and consulting with an immigration lawyer is essential to explore available options.
Simplifying the Immigration Process with Emandi Law Firm
Emandi Law Firm has been helping businesses and employees alike navigate the immigration process with minimal bureaucratic delays. Whether you’re looking for help with an H-1B Visa, L-1 Visa, or need guidance on how to get a work permit for immigrants, our experienced immigration lawyers are here to assist. Speak with an Emandi Law Firm immigration lawyer today to get started on your path to working in the U.S. seamlessly.