Eden, NY H-1B Visas Explained
Classified as a nonimmigrant visa, the H-1B visa authorizes foreign nationals in certain specialized careers to temporarily work in Eden, NY and the rest of the United States. H-1B applicants must have a job offer from a U.S. employer in a specialized professional field such as engineering, science, healthcare, education, or IT. Any area of work where the employer can prove it is required to have a bachelor's degree could potentially fit. H-1B visas are initially three years long but may be extended to a total of six years and potentially more if the applicant decides to apply for permanent residency.
Frequently, obtaining an H-1B visa is the first step towards eventually applying for permanent residency and citizenship. Those with an H-1B visa can pursue permanent residency (known as a green card) via sponsorship through their Eden, NY job and then petition to obtain U.S. citizenship.
What Is a TN Visa in Eden, NY?
Another type of nonimmigrant visa for working professionals is the TN visa, which is specifically for Canadian and Mexican citizens. There are stricter qualifications for TN visas because the list of occupations is restricted. The list includes engineers, pharmacists, management consultants, scientists, and accountants. Applicants must already have a job offer in the United States (for example in: Eden, NY) to qualify. For Canadian citizens, you can apply directly at the border or at the airport 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.
TN visas are initially valid for three years but visa holders can extend them for additional three-year periods. Like H-1B visa applicants, those with a TN visa in Eden, NY can choose to transition to a green card if they are qualified.
Do I Need a Lawyer for an H-1B Visa in Eden, NY?
H-1B visas may seem straightforward but in actuality, they require navigating a complicated, often convoluted system. H-1B visa lawyers in Eden, NY can help you navigate this system and achieve a great result.
Visa Caps - 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, it's critical that your paperwork is submitted correctly and with accurate 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. Eden, NY H-1B visa attorneys can help you take the necessary steps for your petition and be more competitive in this highly selective process.
Deadlines - Registration to apply for an H-1B visa is normally only allowed during a few weeks in March, and then the employers and applicants that are chosen only have a few weeks to apply from the date of selection. An H-1B attorney in Eden, NY is well-versed in the process and can help ensure that your paperwork is submitted correctly in the fast process.
Sponsorship by Employers - Employers have a lot to manage, so they normally will hire New York 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 vital for visa petitions and your H-1B visa attorney can assist with organizing essential information and manage deadlines for you.
Policy Changes - Practically every single year, the policies around H-1B visa adjudication change. An experienced immigration attorney in Eden, NY can help you understand and navigate the changes so your registration and application are filed on time and completely.
How a TN Visa Attorney in Eden, NY Can Help You
Similarly to H-1B visas, TN visas require proper paperwork on both the employer's and Mexican or Canadian citizens' sides. A knowledgeable Eden, NY TN visa attorney can guide you through this process to the desired outcome.
Review Eligibility - A TN visa attorney in Eden, NY can assess your or your potential new hire's educational background and experience to determine their eligibility for a TN visa, saving you from potential legal problems in the future. They can also help you assemble the necessary paperwork and make sure that the TN visa is the right one for your employee.
Visa Extension - TN visas must be renewed before their expiration, so your Eden, NY TN visa lawyer can help you stay up to date with any policy changes and the information needed to renew your visa. Your TN visa lawyer can assist you and avert gaps in your visa and continue your legal working status.
Employer Compliance Requirements - Employers are responsible for complying with immigration and employment laws in Eden, NY, which means staying on top of visa documentation, documenting wages and job duties, managing Public Access Files for H-1B visas, and many more obligations. Your Eden visa attorneys can coach the necessary staff to remain legally compliant during the process and reduce the chance of government audits.
Why You Should Hire an H-1B or TN Visa Attorney in Eden, NY
If you or a potential employee is pursuing a TN or H-1B visa to work in Eden, NY, it can be a complex and time-consuming process. In addition, mistakes in the application can cause it to be denied outright.
Eden, NY H-1B or TN visa attorneys are familiar with the intricacies of these visas and can assist in managing the necessary paperwork, deadlines, and lotteries correlated with each. In addition, a TN visa lawyer or H-1B attorney in Eden, NY can assist with your unique situation, such as bringing spouse and children or members of your family to New York with you.
Why Should You Choose The Visa Pros as Your TN Visa Lawyer in Eden, NY?
Weinstock Immigration Lawyers, The Visa Pros, was founded by Karen Weinstock, and she intimately understands the immigration process – she relocated to the U.S. and has navigated a few immigration filings herself! The Weinstock Immigration Lawyers team is multilingual and multicultural, located in Eden, NY, and beyond, who possess international expertise and boasts a combined more than 100 years of legal immigration experience.
Our forward-thinking attitude has resulted in over 20,000 cases of approved visas and green cards. We're proud to have one of the highest approval rates in the industry with only 1% of cases being denied.* No matter if you're an individual hoping to secure a temporary visa in the U.S. or an employer ready to hire the best global talent, trust Weinstock Immigration Lawyers for all of your TN and H-1B visa needs in Eden, NY. Contact us today for your free case evaluation.
*Disclaimer: Prior outcomes do not guarantee similar results.