Seeking employment in the United States remains the goal for millions of people worldwide. While anyone is free to petition the government for a green card, this process is complex and often takes years to resolve. For people already living and working in the United States, this could expose them to potential deportation proceedings, and a mistake could have catastrophic consequences.
However, for many people, seeking an employment visa provides a better option. These visas allow people to take up temporary residence in the United States for the express purpose of performing a job and include visas for the purpose of trade, investment, or management.
A Wheaton lawyer could help individuals and companies to evaluate a person’s eligibility for an employment visa. This includes choosing a visa that best fits a person’s circumstances and working to move an application through the United States Customs and Immigration Services (USCIS).
There are three major versions of employment visas for which a person may qualify. These visas all share a few common characteristics. They all allow a person to obtain legal residence in the United States, along with their spouses and children under the age of 21. However, the length of the residency varies.
All visas might also be the result of a person already legally being in the United States filing Form I-219. This form requires an applicant to provide detailed and complete information about themselves, their families, and why they are asking for a change in immigration status.
The first main version of an employment visa is an E-1 visa. These visas serve the purpose of allowing “treaty traders” to perform their work in the United States for a set period of time, often two years. The applicant must be a citizen of a country that has a commerce and navigation treaty with the United States, and their work must include at least 50 percent effort in trade with the U.S.
The second version of an employment visa is an E-2. These are similar to E-1 visas in that they are temporary. An E-2 visa holder must be an investor in an American business, be a citizen of a commerce and navigation treaty state, and take an active role in operating that investment.
Finally, people with extraordinary abilities or academic credentials may apply for an EB-1 visa. Unlike the other visas, this aims to give a person permanent resident status. Only people who have achieved an extraordinary career in art, athletics, or academics may qualify for this visa. However, special exceptions are possible when an employer sponsors an individual to serve as an executive in a company. A Wheaton attorney could help to provide more information about the varying types of employment visas.
Seeking to change one’s legal immigration status is never something to be taken lightly. For people who are already in the country, providing improper or incomplete information on a formal request to change one’s status could lead to deportation proceedings. For people still in their home countries, improper paperwork could end the visa process and prohibit a person from making a future application.
The role of a Wheaton employment visa attorney is to help parties understand the law and submit proper applications. Attorneys could meet with people to identify their needs and determine which employment visa program is right for them. Additionally, attorneys could then help gather the information that the USCIS requires for these applications and submit clear and positive evidence to the agency. Finally, a lawyer may be able to help when a delay causes a visa application to stall.
Coming to America has long been the goal of talented and motivated people. Obtaining an employment visa offers those people a way to earn a living in the United States while not having to worry about immigration issues. While not everyone is eligible for these visas, those who are may enjoy a shortened waiting period and even permanent resident status.
A Wheaton employment visa lawyer could help those people meet their employment visa goals. Whether you are looking to serve as an investor in an American company, are working as a trader between your home and the U.S., or are looking to make a permanent move as an athlete, artist, or academic, a lawyer at our firm could provide essential guidance. Contact an attorney today to discuss your options.
