HELPING TO BRING BUSINESSES AND WORKERS TOGETHER
Those who wish to travel or relocate to the United States for work must petition for that right. Living in the U.S. is not feasible if you cannot work. Fortunately, the U.S. offers several different temporary work visas for individuals who would like to come to the country and work for a fixed period of time. The duration of the visa depends on the type of work you are coming to perform and your country of origin.
An experienced Florida business and employment immigration lawyer at the Bassey Immigration Law Center can help you obtain a temporary work visa. We also assist employers in filling out the forms needed to secure workers. The employment immigration process can be complex, and when your right to enter and work is on the line, there is every reason to get it right the first time. Please call our offices today to schedule an appointment with an experienced business and investment visa attorney, or use the website contact form and we will get back to you as soon as possible.
OBTAINING TEMPORARY WORK VISAS OR IMMIGRANT BUSINESS VISAS
If you wish to work in the United States, your future employer will need to complete an I-129 form and file it with U.S. Citizenship and Immigration Services (USCIS). The form requires that your employer specify the type of work visa sought. We can help employers and immigrants with the I-129 form along with applications for numerous temporary work visas, including those below.
WHAT ARE THE TYPES OF BUSINESS, INVESTMENT, AND EMPLOYMENT VISAS?
Temporary Visit for Business
Intended only for short-term business-related visits, these visas include:
- B-1 visas for business visitors to stay for a set time period
Temporary Non-Immigrant
These allow people to work in the U.S. for a fixed period of time. An employer usually files the petition and the employee and his or her family members need to apply for visas before arriving in the U.S. Common types include:
- L visas for individuals who are temporarily transferring within a company at which they are already employed
- R visas for religious workers engaged in work for a denomination or associated non-profit
- TN visas for Canadian and Mexican NAFTA workers
Speak with a family green cards and visas attorney to ensure you follow the correct process to bring your spouse and children into the country.
Permanent Immigrant Workers
Entrepreneurs and workers with desirable skills and their spouses and children may apply for the 140,000 green cards available each year. The five types are based on categories of skill that the applicant brings and include:
- EB-2 for professionals with advanced degrees and those with “exceptional ability”
- EB-4 for certain special immigrants, including broadcasters, ministers of religion, and Iraqi translators
Specific visas may include:
- E-2 Visa:Treaty Investor Visas
- E-1 Visa: Treaty Trader Visas
- L-1A: Intracompany Transferee for Executives or Managers
- L-1B: Intracompany Transferee for Workers with Specialized Knowledge
- R1 Visa: Religious Worker
- R2 Visa: Spouse and Unmarried Child under 21 of an R1 Visa Holder
- EB-2: National Interest Waiver
Selecting the appropriate visa can be a challenge, but we can help determine your occupational category and whether you meet the eligibility requirements. Keep in mind that most of these visas are temporary and not necessarily an avenue for permanent relocation to the United States. If you hope to become a U.S. citizen or legal permanent resident, you must speak with an experienced Florida immigration attorney for help in pursuing your best course of action.
PAYING FOR BUSINESS IMMIGRATION TO THE U.S.
Immigrating to the United States can be costly. However, because temporary work visas require sponsorship from a U.S.-based company, most employers will shoulder the expense of the application process. At the Bassey Immigration Law Center, we believe in providing high-quality immigration services at an affordable cost, regardless of who is responsible for the financial burden. In fact, our business immigration lawyers may be able to handle your temporary work visa application on a flat fee basis, allowing both you and your employer to easily budget for the entire application process.
KNOWLEDGEABLE GUIDANCE FROM A FLORIDA BUSINESS IMMIGRATION ATTORNEY
If you do not meet one or more of the requirements to enter or remain in the United States, you may be eligible for a waiver. Some waivers are automatic, but others require an application. Speak with a qualified attorney about Florida immigration waivers to discuss your options.
Business immigration can often be a challenge. At the Bassey Immigration Law Center, P.A., we have the knowledge and skill to help individuals, their spouses and children, and their employers throughout the application process. Speak with a skilled business and family immigration lawyer in Florida by calling our Tampa office at 813-592-3943 or our Clearwater office at 727-408-5170, or by contacting us online.
U.S. Work Visa Sponsorship: What Employers and Workers Need to Know
Visa sponsorship refers to a U.S. employer petitioning on behalf of a foreign national to obtain authorization for lawful employment in the United States. Sponsorship involves specific legal obligations under U.S. immigration law, including:
- Sponsorship Responsibilities: Employers must submit the appropriate visa petition to USCIS (e.g., Form I-129 for H-1B or L-1 visas) and comply with all regulatory requirements. This may include maintaining public access files, tracking changes in job duties or worksite locations, and notifying USCIS of material changes in employment.
- Who Pays the Fees: The responsibility for visa-related fees depends on the visa type. For example, in H-1B cases, employers are required by law to pay certain fees (e.g., the ACWIA fee and anti-fraud fee), and these cannot be passed on to the employee. Other costs, such as premium processing or visa stamping abroad, may be borne by the employee depending on the arrangement and legal limits.
- Duration of Sponsorship: Sponsorship typically covers the initial visa period (e.g., up to three years for H-1B), with the option to file for extensions. Continued sponsorship may be needed if the worker remains employed beyond the original visa term or transitions to permanent residency (green card).
Understanding these obligations in advance helps both employers and foreign workers stay compliant with immigration laws and avoid costly delays or penalties. For tailored guidance and risk mitigation, consult an experienced Florida immigration attorney at Bassey Immigration Law Center.
Step-by-Step Guide to Getting a U.S. Work Visa
The process of obtaining a U.S. work visa can seem complex, but it generally follows four main phases outlined below.
1. Job Offer from a U.S. Employer
The first step toward obtaining a work visa is receiving a legitimate offer from a U.S. employer. Depending on your role, common visa types include H-1B for specialty occupations, L-1 for intracompany transfers, and O-1 for individuals with extraordinary ability.
2. Employer Petitions USCIS
Once an offer is extended, the employer must file a petition with U.S. Citizenship and Immigration Services (USCIS) on behalf of the foreign worker. This process includes filing the appropriate forms, submitting evidence of the job’s qualifications, and, in some cases, meeting wage requirements. Processing times can vary, and petition approval is not guaranteed.
3. Foreign Worker Applies for a Visa
After the petition is approved, the foreign worker applies for a visa through the U.S. consulate in their home country. This step involves submitting forms and supporting documents, as well as undergoing background checks. Careful preparation is essential to avoid delays.
4. Visa Interview and Consular Processing
Finally, the applicant attends a visa interview. Consular officers typically ask about employment details and qualifications. Accurate documentation and honest responses are essential. Our legal team can help you feel more confident and better prepared for potential questions or requests for additional information.
Common Business Immigration Mistakes—and How to Avoid Them
Employers and foreign workers often encounter pitfalls that can slow or complicate the visa process.
Common mistakes include:
- Filing the wrong form
- Failing to meet visa qualifications
- Missing critical deadlines
- Incomplete or inaccurate supporting documentation
- Not responding promptly to Requests for Evidence (RFEs)
Avoiding these issues requires careful attention to documentation, compliance with USCIS requirements, and awareness of time-sensitive processes. Because even minor mistakes can slow down or jeopardize your case, having proactive legal guidance can make all the difference.
Paths from Work Visa to Green Card
Temporary work visas can be a stepping stone toward permanent residency in the United States. Employment-based green cards fall under several categories, including EB-1 for individuals with extraordinary ability, EB-2 for professionals with advanced degrees or those eligible for a National Interest Waiver, and EB-3 for skilled workers.
Some visas allow dual intent, meaning a foreign worker can pursue a green card while on a temporary work visa. For example, EB-2 applicants seeking a National Interest Waiver may bypass the labor certification process.
In contrast, EB-3 applicants typically must undergo labor certification, making early evaluation of eligibility and proper documentation critical for a smooth transition from a temporary visa to a green card.
How Bassey Immigration Law Center Can Help
Careful planning and strategic timing are essential to navigate this transition successfully. At Bassey Immigration Law Center, our attorneys:
- Guide clients through eligibility assessments
- Help prepare and organize the required documentation
- Develop a timeline strategy to align visa status with green card applications
- Identify and prevent common filing errors or procedural missteps that can cause frustrating delays
Our goal is to facilitate a smooth and timely process that enables workers and businesses to move forward and thrive together.
Call Bassey Immigration Law Center Today
At Bassey Immigration Law Center, we identify potential issues before they arise, help ensure all forms and documents are accurate and complete, and maintain timely responses to USCIS requests. This guidance can make the visa process smoother, reduce stress, and improve the chances of a successful outcome. Have questions? Schedule an affordable consultation today.