Reuniting Families
Our Mission at Airington Law
As Richmond immigration and work visa lawyers, we specialize in helping clients secure a path to the American dream. A U.S. work visa allows foreign citizens to work legally in the country, with several types tailored to specific employment categories and needs.
Each visa type has unique requirements, and applicants must obtain approval from U.S. immigration authorities. Visa duration and eligibility vary by category, and many visas require a job offer from a U.S. employer to support the application.
Work Visas
Types of Work Visas Available
There are many types of work visas, depending on the economic activity you want to engage in or perform in the United States. Here are some of the visas that our expert Richmond work visa attorneys handle:
These visas are issued to workers in certain fields or by multinational companies that transfer employees to the U.S. There are two main types of specific job visas:
- H-1B – The H-1B visa is a non-immigrant visa for highly skilled professionals seeking employment in specialized occupations, such as information technology, engineering, science, medicine, and other advanced fields. The H-1B visa is initially valid for up to three years, with a maximum extension of six years. Applicants must have at least a university degree or its equivalent.
- L-1 – The L-1 visa is designed to facilitate the transfer of employees within the same multinational company. The L-1 visa has two primary subcategories: L-1A, for executives and managers, and L-1B, for employees with specialized knowledge. To qualify, the employer must have an established parent, branch, subsidiary, or affiliate relationship with a U.S. entity.
Temporary employment visas are for workers coming to the U.S. for temporary jobs. Some examples include:
- TN – The TN visa, also known as the NAFTA visa, allows Canadian and Mexican citizens to work temporarily in the U.S. in designated occupations. This visa originates from the North American Free Trade Agreement (NAFTA), now replaced by the United States-Mexico-Canada Agreement (USMCA). TN visas are designed for professionals in fields such as engineering, information technology, science, medicine, and other specified areas.
- H-2B – The H-2B visa is for non-agricultural workers who perform temporary or seasonal work where there aren’t enough American workers available. These jobs are often in industries like hospitality, tourism, construction, and related services. The H-2B visa is granted for the specified duration of the temporary job and does not provide a direct path to permanent residency.
This visa category is for individuals with exceptional skills, accomplishments, or talents that set them apart in their professional field. Some types include:
- O-1 Visa – The O-1 visa is for individuals with extraordinary abilities or achievements in the arts, business, sports, science, or education. Applicants must demonstrate a high level of expertise and national or international recognition, supported by substantial documentation. They may also have the option to include essential support personnel in the application, such as assistants or key collaborators.
- EB Visas – The EB-1, EB-2, and EB-3 visas are categories for immigrant visas.The EB-1 visa is designated for individuals with extraordinary abilities, top professionals in their fields, or executives and managers of multinational companies. The EB-2 visa is for professionals with advanced degrees, including a category for individuals with exceptional abilities in fields like science, art, education, business, or athletics. The EB-3 visa applies to skilled workers, professionals, and unskilled workers with job offers in the U.S.
This type of visa is exclusive for entrepreneurs and investors aiming to boost the U.S. economy through business ventures. Examples include:
- E-2 – The E-2 visa allows citizens of specific treaty countries to invest and operate a business in the U.S. To qualify, applicants must make a substantial investment in an existing or new business and must intend to develop and direct that enterprise. Unlike some other visas, the E-2 does not automatically lead to permanent residency, but it allows investors to live and work in the U.S. as long as their business continues to operate successfully.
- EB-5 – The EB-5 visa is an immigrant visa for foreign investors who want to obtain permanent residency in the U.S. The EB-5 program offers conditional residency to investors and their families, which can become permanent after two years if the investment and job creation requirements are met. This program is designed to stimulate economic growth and job creation in the U.S. by attracting foreign capital.
FAQs
Frequently Asked Questions
A work visa in the United States allows foreign nationals to work legally in the country for a specified period. There are different types of work visas, each tailored to specific employment categories, such as the H-1B visa for specialized occupations, the L-1 visa for intra-company transfers, and the O-1 visa for individuals with extraordinary abilities.
The most common types of work visas include:
- H-1B: For workers in specialized occupations requiring a high level of education or experience.
- L-1: For employees of multinational companies transferring to a U.S. office.
- O-1: For individuals with extraordinary abilities in the sciences, arts, education, business, or athletics.
- E-2: For investors coming to the United States to direct and develop an enterprise in which they have made a substantial capital investment.
- TN: For Canadian and Mexican professionals under the North American Free Trade Agreement (NAFTA).
To qualify for an H-1B visa, you must have a job offer from a U.S. employer in a specialized occupation that typically requires at least a bachelor’s degree in a specific field. The employer must file an H-1B petition on your behalf and demonstrate that they will pay the prevailing wage for the occupation at the employment location.
The duration of a work visa depends on the visa type. For example, the H-1B visa is valid for up to three years and can be extended for an additional three years, with a maximum total of six years. The L-1A visa, for executives and managers, is valid for up to seven years, while the L-1B visa, for employees with specialized knowledge, is valid for up to five years. The O-1 visa is initially valid for up to three years and can be extended in one-year increments as needed.
To apply for a work visa, you will need a job offer from a U.S. employer who must file a petition on your behalf. You’ll also need a copy of your passport, evidence of your educational and professional qualifications, completed application forms, and, in some cases, proof of previous work experience. Additionally, required application fees must be paid. For further details, refer to the Required Documents for Work Visa section.
Yes, work visa holders may bring their immediate family members to the United States under certain derivative visa categories. For instance, the spouses and unmarried children under 21 of H-1B visa holders can obtain H-4 visas, family members of L-1 visa holders can obtain L-2 visas, and family members of O-1 visa holders can obtain O-3 visas. Spouses of L-1 and H-1B visa holders may apply for work permits.
If you change employers while holding a work visa, your new employer must file a new visa petition on your behalf. For certain visas, such as the H-1B, you may begin working for the new employer as soon as the petition has been filed and received by USCIS, even if the petition is still pending.
The work visa sponsorship process typically involves the U.S. employer submitting a petition to USCIS on behalf of the foreign employee. This includes providing evidence of the job offer, the employee’s qualifications, and compliance with wage requirements. For some visas, a labor certification from the U.S. Department of Labor may also be required. More information is available through USCIS – Sponsorship Process.
Yes, some work visa holders may be eligible to apply for a green card and obtain permanent residency in the United States. For example, H-1B visa holders often apply for a green card through their employers via the PERM labor certification process and by filing an immigrant petition (Form I-140).
If your work visa application is denied, you may appeal the decision or file a motion to reopen or reconsider your case if there is new evidence or information that was not initially reviewed. Understanding the reasons for the denial is essential, and consulting with an immigration attorney can help you explore options and improve your chances of success in the future.
Practice Areas
Explore Our Legal Services
At Airington Law, our team of immigration attorneys in Richmond is dedicated to reuniting immigrant families across America. Our experienced attorneys offer a range of legal services for families, parents, children, and fiancés seeking to achieve their American dream and come to the U.S., including:
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Get a legal consultation today for your work visa needs in Virginia. We’re prepared to assist with all your immigration needs. You can also reach out to us by phone for legal services related to work visas in Richmond.
Our team of work visa lawyers in Richmond, VA, is ready to help you achieve your American dream through employment. With over 15 years of experience, we’re the Virginia law firm that truly works for you and your family. Contact us today to schedule your free case evaluation with The People’s Attorneys.