H-1B Visas in Batavia, NY: What Are They?
Classified as a nonimmigrant visa, the H-1B visa authorizes foreign nationals in certain specialized careers to temporarily work in Batavia, NY and the rest of the United States. In order to apply for an H-1B, applicants must already have a job offer in a specialized professional field such as engineering, science, healthcare, education, or IT. Any profession where the hiring company can prove it is necessary to have a bachelor's degree may qualify. Initially, H-1B visas are valid for three years but can be extended to a six-year maximum or longer if the employee applies for permanent residency.
Often, an H-1B is the first application towards permanent residency and citizenship. Many H-1B visa applicants file for permanent residency (also known as a green card) via sponsorship through their Batavia, NY job and eventually apply for citizenship.
What Is a TN Visa in Batavia, NY?
TN visas are another temporary work visa type, but they are exclusively for citizens of Canada and Mexico. There are stricter qualifications for TN visas because the list of occupations is restricted. The list includes engineers, pharmacists, management consultants, scientists, and accountants. TN visa applicants are required to have a U.S. job offer (e.g., in Batavia, NY) in order to qualify. For Canadian citizens, you can apply directly at the border or at the airport and don’t have to go to a consulate to get a visa stamped, but citizens of Mexico need to have a visa stamped in their passport.
The initial length of a TN visa is three years but can be extended for three-year periods at a time. Like H-1B visa applicants, Batavia, NY TN visa holders are eligible to shift to a green card if they are qualified.
What an H-1B Visa Lawyer in Batavia, NY Can Help You With
H-1B visas may seem straightforward but require navigating a complex, potentially convoluted process. An H-1B visa attorney in Batavia, NY can assist you with this system and obtain a successful outcome.
Cap Limitations - The main challenge New York applicants must overcome 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. With a limited number of visas available, your paperwork must be without errors and submitted correctly.
U.S. Citizenship and Immigration Services reported receiving 758,994 eligible registrations in 2023, and selected 188,400 to apply for just 65,000 available H-1B visas. An H-1B visa attorney in Batavia, NY can assist you in preparing your visa application so your application can have more chances in this process.
Deadlines - The registration window to apply for an H-1B visa is usually open for only a couple of weeks in March each year, and then applicants and employers who are selected have just a few more weeks after being notified during which to apply. An H-1B attorney in Batavia, NY is well-versed in the process and can help ensure that your paperwork is submitted correctly in the limited timeframe.
Required Employer Sponsorship - Employers have a lot to manage, so they commonly look to New York corporate immigration attorneys to help put together the entire visa application in this heavily regulated legal system. Timeliness and accuracy are vital for visa petitions and your H-1B visa lawyer can help monitor important paperwork and manage deadlines for you.
Policy Changes - Almost each and every year, H-1B adjudication policies change. A knowledgeable, skilled Batavia, NY immigration attorney can help you navigate those shifts to make sure your registration and application are finalized properly.
How a TN Visa Attorney in Batavia, NY Can Help You
In similar fashion to H-1B visas, TN visas require proper paperwork for both the employer and the Canadian or Mexican citizen applicant. A knowledgeable Batavia, NY TN visa attorney can walk you through the process to help you achieve a successful outcome.
Eligibility - TN visa lawyers in Batavia, NY can assess your or your potential new hire's educational background and experience to help decide if they meet the requirements for a TN visa, saving you time, effort, and potential legal difficulties. They can also help you assemble the necessary paperwork and ensure that a TN visa is the right choice for your situation.
Visa Renewal - Because TN visas must be extended prior to expiration, your Batavia, NY TN visa attorney can help you remain current with potential policy changes and the guidance you need for visa renewal. Your TN visa attorney can help you prevent gaps in your visa and continue your legal working status.
Employer Visa Compliance - Employers are responsible for complying with immigration and employment laws in Batavia, NY, which includes staying up to date with visa paperwork, documenting wages and job duties, managing Public Access Files for H-1B visas, and additional requirements. Your Batavia visa lawyers can train and prepare your staff members to stay compliant throughout the process and reduce the risk of audits and legal troubles.
Why Hire an H-1B or TN Immigration Lawyer in Batavia, NY?
Whether you or your employee is seeking a TN or H-1B visa to work in Batavia, NY, it can be a time-consuming, complicated process. Additionally, erroneous information on any piece of the application may cause your application to be denied.
A TN visa attorney or H-1B visa lawyer in Batavia, NY is knowledgeable about the intricacies of each visa type and can assist in managing the necessary paperwork, deadlines, and lotteries that are associated with each one. Additionally, an H-1B visa lawyer in Batavia, NY can help with your individual situation, such as bringing spouse and children or other immediate relatives with you to New York.
Trust The Visa Pros for Your H-1B and TN Visa Needs in Batavia, 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 has navigated a few immigration filings herself! Weinstock Immigration Lawyers is comprised of team members who are multilingual and multicultural in Batavia, New York, with worldwide 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. We're proud to have one of the highest approval rates in the industry with only 1% of cases being denied.* 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 all H-1B and TN visas in Batavia, NY. Get in touch today for your free case evaluation.
*Disclaimer: Prior outcomes do not guarantee similar results.