Do You Need A Cincinnati Employment Immigration Lawyer For Your Work Visa?
If you need an employment immigration lawyer, our immigration attorneys at the Law Office of Nazly Mamedova help businesses in Cincinnati and the tri-state area obtain employment visa applications for their employees. We also help individuals who need an employment visa attorney obtain work visas for themselves or assist with obtaining visas for their families.
Specialized Knowledge As A Path To Immigration
When a foreign national has knowledge and specialized experience in a specialty occupation, an employer may sponsor the foreign worker for an H-1B employment visa. There are 200,000 employment visas issued each year and capped at that number. Income tax implications depend on whether the visa holder is considered a resident or nonresident alien. Specialty occupations can include:
- Science industries such as biotechnology, physical sciences, chemistry or medicine
- Engineering industries
- Mathematics
- Legal and business specialties
- Theology
- The arts
A foreign national who is applying for an employment visa must have the equivalent of a bachelor’s degree and any necessary state licensing required for their specific field. The work authorization granted under an H-1B work visa is not transferable to any other employee. Any other employees must submit their own application. However, if the employee changes jobs and wants to work for a different employer, the foreign employee may transfer sponsorship to a different company or employer.
Securing Visas For Your Family
An H-1B visa holder can also apply for family visas and visa status (H4 visas) for their immediate family members, including spouses and dependent children under the age of 21. Anyone who is in the United States under an H4 visa is allowed to stay as long as the H-1B employment visa holder, but may not be eligible to work themselves. If an H-1B visa holder has to leave the U.S., then so must anyone with an H4 visa who is accompanying them.
When Employment Visas Expire
An H-1B visa allows an employee to live and work in the United States for three years and can be extended to six. If a foreign national is in the United States on an H-1B visa, unlike with other visas, they are eligible to apply for permanent residency status (a green card). If the foreign national has not obtained a green card and permanent residency status by the time the H-1B visa expires, they must leave the country for at least one year before reapplying for a new H-1B visa.
What Happens If An H-1B Visa Holder Quits Or Gets Fired?
An H-1B visa is issued under the Immigration and Nationality Act and is only meant to be a temporary visa, it is a nonimmigrant visa. Therefore, if a foreign national employee is in the United States under an H-1B visa and they decide to quit their job or they get fired from their job, they will most likely have to leave the country. However, if they can find a new employer to sponsor their employment visa they may be able to transfer their visa to the new employer. They might also be able to apply for a different type of status. In the event an H-1B visa holder quits or gets fired, an experienced immigration lawyer will be able to help figure out the best strategy.
Schedule An Appointment With An Employment Visa Attorney
Our immigration attorneys are only available by appointment. To schedule a consultation with one of our attorneys, you can call our firm at Call or send an inquiry using our website form. We will be happy to understand more about your situation and answer any questions you may have during your appointment.