Employment & Business Visas Lawyer in Florida
The U.S. has many opportunities for skilled workers and business-minded individuals. To take advantage of those opportunities, you need to look into employment and business visas in Florida.
Immigrants play a huge part in Florida’s economy. If you plan on coming to the U.S. for employment or business, you have a few options. With the help of the Florida Immigration Law Counsel, you can learn more about the possibilities. You can also receive assistance through the challenging application process.
There is a difference between employment visas and business visas. If you want to attain residency by working for an employer, you need an employment visa. The process involves several steps, and there are no guarantees of success. If you want to achieve residency, you must meet several criteria and submit an application free of errors.
The first step in the process is for the foreign national and the employer to determine whether or not the applicant is eligible. The USCIS closely regulates immigration. Before you spend time and money on the process, you should make sure the individual is eligible.
After determining eligibility, the employer usually needs to obtain a Labor Certification request. This request goes to the Department of Labor. More specifically, it goes to the Employment and Training Administration. They will only grant the request if the job won’t take work away from American residents.
If the department grants the request, you can continue with the visa process. But if they deny it, the prospective employee cannot obtain a visa. Instead, the employer will need to hire a permanent resident or citizen.
There are some exceptions to the Labor Certification requirement. For instance, qualified physicians from another country do not need the Labor Certification. You should speak with a lawyer to find out about other exempt jobs.
Submitting the Application
Once the Labor Certification is finished, the employer can file the petition for their worker. However, the USCIS needs to approve the petition. Then, the State Department issues a visa number. This occurs whether or not the worker is in the United States.
The visa number is confirmation that the worker is allowed to work for the employer. If the applicant is in the U.S. at the time of issuance, they need to apply to adjust their residency status.
Types of Employment Visas
There are several types of employment visas. If you are a priority worker, you can apply for an EB-1 visa. A professional with an advanced degree or exceptional ability can apply for an EB-2. Skilled or professional workers fall under the EB-3 visa category. Finally, special immigrants can apply for EB-4 visas.
If you apply for the wrong type of visa, the government will deny your application. Therefore, it’s critical that you choose the proper visa for your needs. It helps to work with an experienced immigration attorney before you apply.
Some individuals choose to visit the United States on business. These visitors are not exempt from visa requirements. Before you can enter the country, you probably need a temporary business visa. There are some exceptions, and those are detailed by the Visa Waiver Program. If you qualify for the program, you don’t need to wait for a visa.
The B-1 Visa
The main business visa is the B-1. If you are participating in certain business activities, this visa is the one you need. People participating in one of the following activities could apply for the B-1:
- Traveling for a conference, a convention (business-related), professional reasons, scientific reasons, or educational reasons
- Consulting with associates for business matters
- Handling an estate
- Contract negotiations for business
- Short-term training
In some cases, the B-1 visa is for transit. For instance, certain aircrew members can enter as deadhead crew with this visa. Some people can also transit through the country with it.
There are several other requirements for obtaining this visa. For one, you need to show that your trip is truly for business and no other means. You also need to show that you will only be in the country for a set time period. Financially, you must have the means to support yourself during your stay. You also need the maintain your residence outside of the US, as well as maintain other bonds to your home country.
Family of B-1 Visa Holders
If you have family, you might want them to accompany you on your travels. However, they cannot enter the country on a B-1 visa. Instead, they need to apply for B-2 visas. While they are in the US, they need to comply with all B-2 visa requirements.
The B-2 visa is for pleasure, not for work. Therefore, the B-2 visa holders in the family cannot work. They can travel the country and enjoy tourism.
Visa Waiver Program
If you are in one of the 35 countries in the Visa Waiver Program, you do not need a visa to travel the United States. However, your stay must be shorter than 90 days. If your stay will extend past that period, you need to apply for a visa.
There are eligibility requirements for the Visa Waiver Program. The visitors need authorization through the Electronic System for Travel Authorization. Before traveling, the visitor must secure the authorization.
Travelers on this visa also go through screening at their port of entry. When the screening occurs, the Department of Homeland Security enrolls them in a special program.
More About Employment and Business Visas in Florida
One in every five Florida residents is an immigrant. Many people from other countries have found a home in the area.
However, they didn’t achieve their immigrant status with ease. Immigration takes time and effort. Even if you are only trying to enter the U.S. on a temporary basis, there are many challenges waiting for you. You need to choose the right visa, fill out the paperwork, and adhere to the visa requirements.
Here at the Florida Immigration Law Counsel, we can help you. We have in-depth knowledge of the immigration process and can use that knowledge to your advantage. Call us today to learn more about what we can do for you.