Albany, NY H-1B Visas Explained
H-1B visas are a type of nonimmigrant visa that permits foreign citizens in specialized areas of employment to temporarily work and live in Albany and the entire United States. To qualify for an H-1B, applicants must already have been offered a job in a professional specialty such as education, technology, science, engineering, or healthcare Any profession where that the employer can demonstrate that it is necessary to have a bachelor's degree may qualify. H-1B visas are good for three years but may be extended up to six years and potentially more if the applicant decides to apply for permanent residency.
Often, an H-1B is the first application towards permanent residency and citizenship. holders of H-1B visa may seek permanent residency (also known as a green card) as sponsored by their Albany, NY job and then petition to obtain U.S. citizenship.
What Is a TN Visa in Albany, NY?
Another type of work visa for professionals is the TN visa, which is specifically for Canadian and Mexican citizens. The list of occupations for TN visas is closed, so this visa type has more stringent qualifications. It includes accountants, engineers, pharmacists, management consultants, and scientists. TN visa applicants are required to have a U.S. job offer (e.g., in Albany, NY) in order to qualify. If you are a Canadian citizen, you are able to apply directly at an airport or border and need not obtain a visa stamp at a 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 by three-year increments each time. Akin to H-1B visa holders, Albany, NY TN visa holders are eligible to shift to a green card if they are qualified.
Do I Need a Lawyer for an H-1B Visa in Albany, NY?
H-1B visas could seem simple but in reality, require working through a complex, often convoluted system. An H-1B visa lawyer in Albany, NY can help you work through this system and obtain a successful outcome.
H-1B Cap Issues - One of the most difficult challenges that New York applicants must meet is the annual cap placed on how many new H-1B visas are issued. The cap is set at 65,000 per government fiscal year, plus an additional 20,000 visas allocated through the H-1B advanced degree exemption. Due to the limited number of approvable visas, it's critical that your paperwork is submitted correctly and with accurate 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. Albany, NY H-1B visa attorneys can help you take the necessary steps for your petition so your application can have more chances in this process.
Dates To Remember - The registration window to apply for an H-1B visa is usually open for only a couple of weeks in March each year, and the selected employers and applicants have a few short weeks to apply once they've been notified of selection. H-1B lawyers in Albany, NY have expertise in this application process and can help ensure that your paperwork is submitted correctly in the small window of opportunity.
Sponsorship by Employers - Employers have a lot to manage, so they will frequently turn to New York corporate immigration lawyers to help alleviate the stress of preparing the employer’s portion of the application in this regulated, high-stakes legal process. Timeliness and accuracy are critical for visa applications, and your H-1B visa lawyer can help monitor important paperwork and deadlines on your behalf.
Changing Policies - Practically every single year, the policies around H-1B visa adjudication change. A knowledgeable, skilled Albany, NY immigration attorney can help you navigate those shifts to make sure your registration and application are finalized completely.
How TN Visa Lawyers in Albany, NY Can Help
Similarly to H-1B visas, TN visas necessitate correct documentation from both the applicant and the employer. An experienced TN visa attorney in Albany, NY can help you navigate this process to a successful outcome.
Eligibility - A TN visa lawyer in Albany, NY can review your or your future employee's educational background and experience to determine if they meet the eligibility requirements for a TN visa, saving you time, headaches, and legal problems. They can also help you assemble the necessary paperwork and ensure that a TN visa is the right choice for your situation.
Visa Renewal - TN visas must be renewed before their expiration, so your TN visa attorney in Albany, NY can help keep you updated with potential policy changes and the necessary information that you need to renew your visa. They can help you prevent delays in your visa and maintain your legal employment status.
Employer Compliance Requirements - Employers are responsible for complying with immigration and employment laws in Albany, NY, which means staying current with visa paperwork, documenting wages and job duties, keeping H-1B visa Public Access Files, and additional obligations. Your Albany visa lawyers can prepare and train relevant staff to remain legally compliant during the process and minimize the chances of a government audit.
Why You Should Hire an H-1B or TN Visa Attorney in Albany, NY
No matter if you or your employee is seeking an H-1B or TN visa so that they can legally work in Albany, NY, it can be a lengthy and extremely complex process. In addition, mistakes in the application may lead to your petition being denied.
An H-1B visa lawyer or TN visa attorney in Albany, NY is familiar with the intricacies of these visas and can help you understand the deadlines, lotteries, and correct paperwork correlated with each. Additionally, an H-1B visa lawyer in Albany, NY can adjust to special circumstances, especially if you need to bring dependents and immediate family members to New York with you.
Why Choose The Visa Pros as Your H-1B Immigration Lawyer in Albany, NY?
Karen Weinstock established Weinstock Immigration Lawyers, The Visa Pros, and she is intimately familiar with the United States immigration process – she relocated to the U.S. and went through multiple immigration processes herself! The Weinstock Immigration Lawyers team is multilingual and multicultural, located in Albany, NY, and beyond, who possess international expertise and over 100 years of legal immigration experience together.
We take a proactive approach, which has led to us successfully getting approved over 20,000 visa and green card cases. That gives us one of the highest approval rates in the industry, with only a 1% denial rate.* If you're trying to get a work visa to legally work in the United States or an employer who wants to tap into the global talent pool, Weinstock Immigration Lawyers can help with your TN and H-1B visa needs in Albany, NY. Contact us for your free case evaluation.
*Disclaimer: Prior results do not guarantee a similar outcome.