Working in the United States is a dream for many people around the world. The American economy offers a chance to achieve career aspirations and build a future unlike anywhere else. However, before you can step foot on U.S. soil for work, you need to secure a work visa.
In fiscal year 2022, employment-based visas comprised nearly a third (27%) of all lawful permanent residents admitted to the United States.
Working in the United States is a dream for many people around the world. The American economy offers a chance to acheive career aspirations and build a future unlike anywhere else.
Source: Migrationpolicy.org
Obtaining a U.S. work visa is stressful and highly competitive, with visas broken down into subcategories depending on your job role and industry. Can an immigration lawyer help you get a US visa? The answer is yes. Hiring an immigration attorney can significantly improve your chances of approval and help you navigate e demanding process.
What is a Work Visa?
A work visa allows foreign nationals to work in the U.S. with or without granting permanent residency. The length of the visa depends on the job and the specific visa category issued by U.S. Citizenship and Immigration Services (USCIS), a division of the Department of Homeland Security (DHS).
There are many categories of work visas. The well-known categories include the H-1B visa for specialty occupations like engineering or medicine, the L-1 visa for intracompany transfers, the O-1 temporary visa for individuals with extraordinary abilities in fields such as science, business, or arts, and the EB-1 permanent residency visa for people who have outstanding skills and achievements in their fields.
Types of Work Visas and Green Cards
Foreigners looking to work in the U.S. typically have two visa options:
Temporary Work Visa
Temporary work visas allow the holder to work in the U.S. for a specified period. An example is the H-1B visa, which permits specialty workers to stay for up to three years, with an option to extend it up to six years. Another example is the H-2A visa for agricultural workers, which is valid for one year but can be extended annually up to three years.
Employment-Based Visa or Green Card
The EB-1, EB-2, and EB-3 visas are employment-based green cards that offer permanent residency in the U.S. The visas are issued based on employment preferences. The first preference is for individuals with extraordinary abilities like award-winning scientists or athletes. The second preference is for those with advanced degrees or exceptional skills. The third preference is for ‘skilled ‘professionals’, and ‘other workers’ with less than 2 years of experience.
How many Immigrants are in the US Civilian Labor Force?
In 2022, the US civilian labor force boasted an impressive 166.9 million people, comprising both employed and unemployed individuals seeking work. Notably, immigrants made up 17% of this number, totaling 28.6 million people. This figure represents a remarkable growth from 1970 when immigrants accounted for only 5% of the labor force.
So, what types of jobs do these immigrants perform? A closer look at the data reveals that the largest share (37%) of the employed foreign-born workers held management, professional, and related occupations. These numbers highlight immigrants’ significant role in driving innovation and economic growth in the United States.
Source: Migrationpolicy.org
The increasing presence of immigrants in the US labor force over the past few decades emphasizes their vital contribution to the country’s economic fabric. As the U.S. continues to undergo demographic and economic changes, understanding the role of immigrants in the workforce is essential.
How Work Visa Application Trends Have Changed Over Time
The number of work visas issued by the U.S. has significantly increased over the past decade. Between 2013 and 2022, the number of immigrants admitted to the U.S. for work rose by 60%, from 662,129 to over 1 million. The U.S. government acknowledges the impact of foreign workers in filling critical labor gaps in the country, particularly in industries such as STEM – science, technology, engineering, and math.
Source: USAfacts.org / US Department of State
In 2022, about 42% of all authorized immigrants came to the U.S. on work-related visas, either temporarily or permanently.
Reports have shown that immigrants contribute significantly to the U.S. economy through participating in the l, geographic mobility, and support for key industries. Trepresent a substantial portion of the workforce, especially in agriculture, construction, healthcare, and technology industries. In some sectors, immigrants account for more than a third of all workers, making them essential to the day-to-day functioning of these industries.
A key advantage of immigrants being geographically mobile is that they are willing and able to relocate in response to regional labor shortages, which benefits local economies by addressing workforce gaps. This mobility helps prevent economic slowdowns in areas experiencing labor shortages. By moving to where they are most needed, immigrants fill roles that enable native-born workers to remain productive, contributing indirectly to job stability and wage growth.
Immigrant labor also supports the aging U.S. population. As the population grows older and more people retire, immigrants help maintain a balanced worker-to-retiree ratio, ensuring that there are enough active workers to sustain social support systems like Social Security and Medicare. Without this influx of younger workers, the economic strain on these systems would increase, as the U.S. would face a shrinking labor pool alongside rising retiree numbers.
In essence, immigration proves essential to the nation’s economic prosperity, increasing labor market flexibility and sustaining demographic growth.
What Does an Immigration Lawyer Do?
U.S. immigration laws are complex, especially when it comes to work visas. Can an immigration lawyer help you get a US visa? Yes, although they can’t guarantee one. Immigration lawyers are experts who guide people through the complicated steps of securing a visa. They handle everything from petition filings with USCIS to meeting the Department of Labor requirements.
Cost of Hiring an Immigration Lawyer
The cost of hiring an immigration lawyer depends on various factors, such as the complexity of your case, the attorney’s experience, and the services they provide. Some attorneys charge a flat fee for handling visa applications, while others charge hourly rates. Before committing to an attorney, discussing their fees and payment structures upfront is essential to avoid any surprises later.
Why You Need an Immigration Attorney for a Work Visa
Going through the U.S. immigration process without professional help can be overwhelming, particularly when applying for a work visa.
Here’s why hiring an immigration attorney can make all the difference:
Expertise and Experience
Immigration lawyers specialize in the field and understand the details. They have worked on numerous cases like yours and know how to handle challenges that may arise. Their expertise can make the process easier and less overwhelming. They also have valuable contacts in the field who can provide additional assistance.
Competitive Advantage in a Tight Market
Certain work visas, like the H-1B, are highly sought after, with a strict cap on the number issued each year. For example, U.S. employers seeking highly skilled foreign professionals compete for a limited pool of H-1B visa numbers. Demand has consistently outstripped supply in recent years, with the cap often being reached before the year ends. Hire an immigration lawyer to help ensure your visa application stands out and meets all necessary criteria, giving you a better chance in a competitive market.
Legal Guidance and Options
Whether you are applying for a temporary visa or aiming to be permanent residents, an immigration lawyer can help you choose the best option. They will ask critical questions to understand your long-term goals, such as whether you plan to stay in the U.S. temporarily or permanently. These factors influence whether you should pursue a visa or green card, and a lawyer can guide you to make the right decision.
Your skills and qualifications should only partially determine the visa categories you choose. You should also consider approval rates. Some visa types have stricter eligibility requirements or face more competitive demands, which can influence the likelihood of approval.
Source: USAfacts.org / US Department of State
Your attorney’s guidance is crucial – they can assess your unique situation and advise you on the best visa option to pursue. Selecting the most appropriate visa category improves your chances of success.
Application and Paperwork
One of the services an immigration lawyer provides is ensuring that all paperwork is accurate, complete, and submitted on time. Visa applications can be complex, requiring close attention to detail. Even a seemingly minor mistake on an application could delay your visa for months or even years, putting your job offer and chances to work in the U.S. at risk.
The process usually starts with the employer filing a petition with USCIS, after which the prospective employee can apply for a visa. A skilled attorney can assist the applicant at every stage of the immigration process.
Interview Preparation
A critical stage of the work visa application process is the interview. During the interview, U.S. immigration officers will evaluate the credibility of the applicant, and the legitimacy of the job offer. This step can be intimidating, but an immigration lawyer can help by preparing you for the kinds of questions you may face and coaching you on how to respond confidently and professionally.
Requests for Additional Information
The USCIS may request additional documentation or information to support your application during the work visa process. These requests, known as Requests for Evidence (RFE), can complicate the application process and cause unnecessary delays if not handled correctly.
An experienced immigration lawyer knows what the USCIS seeks in response to such requests. They will help you gather and submit the appropriate documents and ensure your timely response.
Staying Updated on Immigration Laws
Immigration laws and regulations are constantly changing. Keeping abreast of these changes is crucial to ensure your application complies with the latest requirements. You can stay informed of the latest immigration policy changes and updates on ImmigrationQuestions.com. Immigration lawyers specialize in keeping current with these laws and can guide you through any changes that might affect your work visa application.
Professional Advice Throughout the Process
Undergoing the process of securing an immigration visa often leaves applicants feeling lost, frustrated, or unsure of their next steps. Having an immigration lawyer on your side provides you with professional advice every step of the way. You can ask questions specific to your case and receive accurate, timely answers for clarity.
Whether you need guidance on paperwork, interview preparation, or what to do after each step, an attorney can support you to move forward.
Avoid Costly Mistakes
The U.S. work visa process involves many steps, forms, and deadlines. Mistakes in your application can result in delays, or worse, denials. Can an immigration lawyer help you get a US visa without errors? That is possible. A good immigration lawyer ensures that all paperwork is completed correctly and submitted on time, reducing the chances of mistakes derailing your application.
Long-Term Planning
Suppose you are interested in permanently staying in the U.S. with your family members. In that case, your lawyer can help you explore your options for transitioning from a temporary visa to a green card. Immigration attorneys understand how work visas intersect with the green card process and can help you plan for your long-term future in the U.S.
Post-Visa Assistance
Receiving your work visa is a significant milestone, but compliance with visa requirements doesn’t end there. After you have been granted a work visa and resumed work in the U.S., adhering to all visa conditions is essential. Failing to meet these requirements could result in revoking your visa or denying your re-entry into the U.S. in the future.
Conclusion
Obtaining a U.S. work visa can be challenging but hiring an immigration lawyer can make all the difference. From interpreting complex regulations to providing valuable advice about your options, you need an immigration lawyer to maximize your chances of success.
About Immigration Question
For those aspiring to work in the U.S., partnering with one of our professional attorneys on ImmigrationQuestion.com is an excellent step toward achieving your goal. Immigration Question is a revolutionary platform that connects immigration attorneys to people who have immigration-related enquiries. We provide guidance on U.S. visas, citizenship, and green cards, keep you informed with the latest immigration news, and foster a knowledgeable community for support and insights.
