Clayton, DE H-1B Visas Explained
H-1B visas are a type of nonimmigrant visa that authorizes foreign nationals in specialized fields of work to work in Clayton, DE and the rest of the U.S. for a specific amount of time. Potential H-1B applicants are required to have a job offer in a specialized professional field like science, healthcare, education, technology, or engineering. Any profession where that the employer can demonstrate that a bachelor’s degree is the minimum entry requirement might qualify. The initial term for an H-1B visa is three years, but it have the option to be extended up to six years or more if the applicant pursues a green card.
Typically, securing an H-1B visa is the first step towards permanent residency and citizenship. Those with an H-1B visa can pursue permanent residency (also called a green card) via sponsorship through their Clayton, DE job and then apply for United States citizenship.
TN Visas in Clayton, DE: What Are They?
TN visas are another temporary work visa type, but they are exclusively for citizens of Canada and Mexico. The qualifications for TN visa applicants are stricter because the list of occupations is finite. These occupations include management consultants, scientists, accountants, engineers, and pharmacists. In order to qualify for a TN visa, applicants must have a full-time U.S. job offer (ex.: in Clayton, DE). For Canadian citizens, you can apply directly at the border or at the airport and do not need to apply for a visa stamping at the consulate ahead of time, but Mexican citizens must go to a consulate to apply for a visa.
The initial length of a TN visa is three years but can be extended for additional three-year periods. Akin to H-1B visa holders, TN visa holders in Clayton, DE are able to change to a green card if certain requirements are met.
How an H-1B Visa Lawyer in Clayton, DE Can Help You
H-1B visas may seem straightforward but in actuality, they require navigating a complicated, potentially convoluted process. Clayton, DE H-1B visa attorneys can help guide you through this system and successfully petition your visa.
H-1B Cap Issues - The main challenge Delaware applicants must overcome is the H-1B visa cap, or the limit on how many new visas can be issued annually. The current Congressional cap per fiscal year is 65,000, with 20,000 additional visas issued through the H-1B advanced degree exemption. Due to the limited number of approvable visas, it's imperative you ensure your paperwork is submitted accurately with all the right information.
In 2023, U.S. Citizenship and Immigration Services reported receiving 758,994 eligible registrations and selected 188,400 to apply for the 65,000 available visas. An H-1B visa attorney in Clayton, DE can assist you in preparing your visa application so your application can have more chances in this process.
Application Turnaround Times - When applying for an H-1B visa, registration is routinely open for a few short weeks each March, and the selected employers and applicants have a few short weeks to apply once they've been notified of selection. H-1B lawyers in Clayton, DE have expertise in this application process and can assist you in filling out the required forms properly in the small window of opportunity.
Sponsorship by Employers - Employers who want to file correctly commonly look to Delaware corporate immigration attorneys to help alleviate the stress of preparing the employer’s portion of the application in this highly-regulated legal process. Precision and timeliness are crucial for visa applications, and your H-1B visa lawyer can help monitor important paperwork and manage deadlines for you.
Shifting Policies - Practically every single year, changes are made to H-1B visa adjudications. An experienced immigration attorney in Clayton, DE can assist you with those adjustments so your registration and application are filed on time and accurately.
How a TN Visa Attorney in Clayton, DE Can Help You
Much like H-1B visas, TN visas necessitate correct documentation for both parties, the Canadian or Mexican citizen and the employer. A knowledgeable Clayton, DE TN visa attorney can assist you with this process to a fruitful outcome.
Review Eligibility - A TN visa attorney in Clayton, DE can review your or your future employee's education and experience to determine if they meet the eligibility requirements for a TN visa, saving you time, effort, and potential legal difficulties. They can also help prepare the necessary paperwork for this process and confirm the TN visa is the right type to pursue.
Visa Extension - Since TN visas must be renewed before they expire, your TN visa attorney in Clayton, DE can help ensure you remain updated with changing policies and the guidance you need for visa renewal. They can help you avoid delays in your visa and retain your legal right to work.
Employer Compliance Requirements - Employers are responsible for complying with immigration and employment laws in Clayton, DE, which includes staying up to date with visa paperwork, logging job duties and wages, maintaining Public Access Files for H-1B visas, and additional obligations. Your Clayton visa attorneys can prepare and train relevant staff to remain legally compliant during the process and reduce the chance of government audits.
Why Hire an H-1B or TN Immigration Lawyer in Clayton, DE?
Whether you or your employee is seeking an H-1B or TN visa so that they can legally work in Clayton, DE, it can be a time-consuming, complicated process. Sometimes, an inaccurate piece of information on the application can cause it to be denied outright.
An H-1B visa attorney or TN visa lawyer in Clayton, DE is experienced in the complications of each visa and can help you understand the deadlines, lotteries, and correct paperwork that are associated with each one. Moreover, an H-1B or TN visa lawyer in Clayton, DE can adjust to special circumstances, such as bringing spouse and children or other immediate relatives with you to Delaware.
Why Should You Choose The Visa Pros as Your TN Visa Lawyer in Clayton, DE?
Karen Weinstock started Weinstock Immigration Lawyers, The Visa Pros, and she is intimately familiar with the United States immigration process – she moved to the United States and went through various immigration steps personally! The Weinstock team is made up of multilingual, multicultural staff in Clayton, DE, and throughout, with worldwide expertise and together, they have more than 100 years of legal immigration experience.
Our hands-on approach has resulted in over 20,000 cases of approved visas and green cards. That gives us one of the highest approval rates in the industry, with only a 1% denial rate.* No matter if you're an individual hoping to secure a temporary visa in the U.S. or an employer hoping to hire global talent, turn to Weinstock Immigration Lawyers for your TN and H-1B visa needs in Clayton, DE. Contact us today for your free case evaluation.
*Disclaimer: Past results do not ensure the same outcome.