H-1B Visas in Wilmington, DE: What Are They?
H-1B visas are a type of nonimmigrant visa that permits foreign citizens in specialized fields of work to work in Wilmington, DE and the rest of the U.S. for a specific amount of time. In order to apply for an H-1B, applicants must already have a job offer in a professional specialty including healthcare, engineering, IT, science, education. Any professional field where the employer can prove it is required to have a bachelor's degree might qualify. The initial term for an H-1B visa is three years, but it may be extended up to six years or longer if the employee applies for permanent residency.
Frequently, obtaining an H-1B visa is the first step towards permanent residency and citizenship. H-1B visa holders may apply for permanent residency (also known as a green card) via sponsorship through their Wilmington, DE job and then apply for United States citizenship.
What Is a TN Visa in Wilmington, DE?
TN visas are another type of nonimmigrant visa for professionals, exclusively for citizens of Canada and Mexico. The list of occupations for TN visas is closed, so this visa type has more stringent qualifications. The list includes engineers, pharmacists, management consultants, scientists, and accountants. Applicants must already have a job offer in the United States (for example in: Wilmington, DE) to qualify. 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 citizens of Mexico need to have a visa stamped in their passport.
TN visas are valid for three years initially but can be extended for additional three-year periods. Like H-1B visa applicants, Wilmington, DE TN visa holders are eligible to change to a green card if certain requirements are met.
Challenges an H-1B Visa Lawyer in Wilmington, DE Can Help You Overcome
H-1B visas may seem straightforward but require navigating a complex, sometimes vague system. Wilmington, DE H-1B visa attorneys can help guide you through this system and achieve a great result.
Visa Caps - One of the biggest obstacles that Delaware applicants face is the H-1B visa cap, or the limit on how many new visas can be issued annually. The annual cap is currently set at 65,000 visas per fiscal year, with 20,000 additional visas issued through the H-1B advanced degree exemption. Since H-1B visas are extremely limited and in high demand, it's imperative you ensure your paperwork is submitted accurately with all the right information.
For the 2023 fiscal year, U.S. Citizenship and Immigration Services received 758,994 eligible H-1B registrations and selected 188,400 to apply for only 65,000 visas. An H-1B visa attorney in Wilmington, DE can assist you in preparing your visa application and be more competitive in this highly selective process.
Application Turnaround Times - When applying for an H-1B visa, registration is typically open for just a few weeks in March, and then applicants and employers who are selected only have a few weeks after being informed of their selection to apply. Hiring an H-1B visa lawyer in Wilmington, DE is a smart move. They are experienced with the process and can help make sure the proper forms and documents are filled out correctly in the fast process.
Sponsorship by Employers - Employers who already have a lot on their plates commonly look to Delaware corporate immigration attorneys to help put together the entire visa application in this heavily regulated legal system. Accuracy and timeliness are crucial for visa applications, and your H-1B visa lawyer can help monitor important paperwork and manage deadlines for you.
Changing Policies - Nearly every year, the policies around H-1B visas shift. An experienced Wilmington, DE immigration lawyer can help you understand those policy changes so your registration and application are filed on time and completely.
How a TN Visa Attorney in Wilmington, DE Can Help You
In similar fashion to H-1B visas, TN visas necessitate correct documentation for both parties, the Canadian or Mexican citizen and the employer. A knowledgeable Wilmington, DE TN visa attorney can assist you with this process to a fruitful outcome.
Eligibility Determination - A TN visa attorney in Wilmington, DE can review your or your future employee's qualifications and information to determine if they meet the eligibility requirements for a TN visa, helping save time and prevent future legal issues. They can also assist you prepare the required documentation and make sure that the TN visa is the right one for your employee.
Renewal - Because TN visas must be extended prior to expiration, your TN visa lawyer in Wilmington, DE can help you stay up to date with potential policy changes and the guidance you need for visa renewal. Your TN visa lawyer can assist you and avert gaps in your visa and maintain your legal employment status.
Employer Legal Compliance - Employers hold the responsibility for complying with Wilmington, DE employment and immigration laws, which means staying on top of visa documentation, properly document job duties and wages, preserving H-1B visa Public Access Files, and additional requirements. Your Wilmington visa lawyers can ensure your team is trained and prepared to remain legally compliant during the process and minimize the risk of running into legal problems.
The Benefits of Hiring an H-1B or TN Immigration Lawyer in Wilmington, DE
If you or a potential employee is pursuing an H-1B or TN visa so that they can legally work in Wilmington, DE, the process can be complicated and taxing. Moreover, incorrect information anywhere on the application can cause it to be denied outright.
Wilmington, DE H-1B or TN visa attorneys are experienced in the complications of each visa and can assist in managing the deadlines, lotteries, and correct paperwork that are associated with each one. In addition, a TN visa lawyer or H-1B attorney in Wilmington, DE can aid in your specific situation, such as bringing spouse and children and immediate family members to Delaware with you.
Why Should You Choose The Visa Pros as Your TN Visa Lawyer in Wilmington, DE?
Weinstock Immigration Lawyers, The Visa Pros, was founded by Karen Weinstock, and she understands the immigration procedures deeply – she relocated to the U.S. and has navigated a few immigration filings herself! The Weinstock team is made up of multilingual, multicultural staff in Wilmington, DE, and throughout, with wide-reaching expertise and a combined over 100 years of legal immigration experience.
Our proactive perspective has led to us successfully getting approved over 20,000 visa and green card cases. We also have one of the highest approval rates in the industry, with only a 1% denial rate.* Whether you’re looking to obtain a work visa to work in the USA or an employer seeking to take advantage of the best talent the world has to offer, Weinstock Immigration Lawyers is here for your H-1B and TN visa needs in Wilmington, DE. Contact us for your free case evaluation.
*Disclaimer: Past results do not ensure the same outcome.