Hamilton Immigration Lawyers for Work Permits

Are you interested in moving to the United States for employment? Work with a Hamilton, OH immigration lawyer with knowledge of the different categories of work permits you may be eligible for. Depending on the type of employment and your specific circumstances, you can obtain a short or long-term visa. At Jorge H. Martinez Attorney At Law, our attorneys can provide the necessary guidance to successfully immigrate to the United States.

Secure a Work Permit in Butler & Hamilton Counties

There are many opportunities to live and work under a temporary work permit. Importantly, your employer will need to sponsor you for permit eligibility. In addition to your employer’s guidance, our law firm can help ensure that all paperwork and documentation is correctly taken care of and take steps for your spouse and children to join you.

We can help with a range of work permits, including:

• EB-1
• EB-2
• H1-B

You may be eligible to apply for a permanent work permit under the Permanent Worker Visa Preference Categories as defined by the United States Department of Labor or adjust your immigration status to lawful permanent residency. Speaking with an immigration lawyer can help determine your chances in a case and offer the tools and resources to succeed in your permit application.

Types of Work Permits in the U.S.

The U.S. offers several types of work permits for foreign nationals. Each work permit category has its own requirements and purpose. Here's a breakdown of some common work permits:

• EB-1 Visa (First Preference)
  This is a permanent visa for individuals with extraordinary abilities in fields like science, arts, education, business, or athletics. It’s often used by multinational managers or executives.
• EB-2 Visa (Second Preference)
  A permanent visa for professionals with advanced degrees or exceptional skills in their field. It requires a job offer from a U.S. employer and a labor certification unless the applicant qualifies for a National Interest Waiver (NIW).
• H-1B Visa (Specialty Occupation)
  A temporary visa for individuals in specialty occupations requiring a bachelor’s degree or higher. The employer must sponsor the employee, and there are annual caps on the number of H-1B visas issued.
• L-1 Visa (Intra-company Transferee)
  This visa is for employees of multinational companies who are being transferred to a U.S. branch, affiliate, or subsidiary. It includes both L-1A for executives/managers and L-1B for employees with specialized knowledge.
• O-1 Visa (Extraordinary Ability)
  This is a temporary visa for individuals who have extraordinary abilities in fields like science, business, or entertainment. Applicants must demonstrate their achievements through evidence like awards or publications.
• TN Visa (Trade NAFTA)
  This visa is available to Canadian and Mexican citizens working in certain professional jobs under the U.S.-Mexico-Canada Agreement (USMCA). 

Work Permit Eligibility Requirements

Each work permit has its own eligibility criteria, but common requirements may include:

• Job Offer: Most work visas require a U.S. employer to sponsor you.
• Employer Sponsorship: The employer must submit a petition to the U.S. government, and in some cases, obtain a labor certification.
• Education and Experience: Some visas, like the H-1B, require a specific level of education or expertise.
• Proof of Skills: For extraordinary ability visas (like the O-1), applicants need to show evidence of their exceptional abilities.
• Labor Certification: For certain work visas, a labor certification is required, which demonstrates that no qualified U.S. workers are available for the job.

Work Permit Application Process

The process of applying for a work permit can be detailed and involve several steps:

1. Determine Eligibility: First, determine which visa category suits your qualifications and job offer.
2. Employer Petition: Your U.S. employer typically needs to file a petition (such as an I-129) on your behalf.
3. Gather Documentation: Collect necessary documents like proof of qualifications, job offer letters, and supporting evidence.
4. File the Application: Submit your application, including all forms, supporting documents, and application fees.
5. Wait for Approval: The processing time varies by visa type and workload. In some cases, it may take several months to get a decision.
6. Receive the Work Permit: If approved, you will receive a work permit allowing you to start working in the U.S.

Renewing or Extending a Work Permit

If your work permit is set to expire, it’s important to know how to renew or extend it. Here’s how:

• Apply Early: Begin the renewal process several months before your permit expires.
• Submit the Necessary Documents: You’ll need to provide updated documents such as job verification and proof of continued eligibility.
• Extension vs. New Application: Some visas allow for extensions, while others may require you to apply for a new work permit.
• Employer’s Role: Your employer often plays a role in the renewal process, especially for employer-sponsored visas like H-1B.

If your permit is nearing expiration, it’s crucial to take action quickly to avoid any legal complications. Our immigration law firm can assist you in renewing or extending your work permit to ensure you maintain legal employment status in the U.S.

Trust Immigration Attorneys with Personal Experience

Our Hamilton immigration attorneys can guide you through the process to acquire a work permit. We can work with your employer to ensure a smooth immigration process and advise your new tax obligations as you work in the United States. As an immigrant, Attorney Martinez has a unique familiarity with the process and how to ensure your legal entrance and employment.

Frequently Asked Questions (FAQ)

• How do I know which work permit is right for me?
  The type of work permit you should apply for depends on various factors such as your qualifications, the job you’ve been offered, and the nature of your employer’s business. An experienced immigration lawyer can help assess your situation and determine which visa category will give you the best chance for approval.
• Can my family join me if I get a work permit?
  Yes, in many cases, your spouse and children may be eligible to join you in the U.S. under a dependent visa. The specific visa type and requirements will depend on the work permit category you qualify for. We can help guide you through the process of bringing your family with you.
• Can I change jobs while on a work permit?
  It depends on the type of work permit you have. For example, certain visas like the H-1B are employer-specific, meaning you must have the same employer throughout the duration of the visa. However, you may be able to switch employers under certain conditions by obtaining a new employer sponsorship. We can help guide you through this process if you plan to change employers.
• What happens if my work permit expires while I am still in the U.S.?
  If your work permit expires and you remain in the U.S., you may be considered out of status, which can lead to serious consequences, including deportation. It’s important to apply for an extension or a new work permit before your current one expires to maintain your legal status.
• What can I do if my work permit application is denied?
  If your application is denied, you may have the option to appeal the decision or reapply, depending on the reason for the denial. Our team can help you understand the reason for the denial and explore possible options for moving forward.
• How long can I stay in the U.S. on a work permit?
  The duration of your stay depends on the type of work permit. Some work permits are issued for a limited period (e.g., H-1B visas are typically issued for three years), while others, like EB-1 and EB-2 visas, may grant permanent residency. Your immigration attorney can help you understand the specific timeline based on your visa type.
• Can I apply for a green card while on a work permit?
  Yes, many work permits allow for the possibility of transitioning to a green card, depending on your visa type and eligibility. For example, individuals on an EB-1 or EB-2 visa may be able to apply for permanent residency through a process called Adjustment of Status. We can guide you through the process of converting your work permit into a green card.