Rochester, NY H-1B Visas Explained
An H-1B visa is a type of nonimmigrant visa which authorizes foreign nationals in certain specialized careers to temporarily work and live in Rochester and the entire United States. H-1B applicants must have a job offer from a U.S. employer in a highly-specialized industry such as education, technology, science, engineering, or healthcare Any profession where that the employer can demonstrate that a bachelor’s degree is the minimum entry requirement could be eligible. H-1B visas are good for three years but may be extended to a total of six years or longer if the applicant pursues a green card.
Typically, securing an H-1B visa is the first step immigrants take when they want to eventually apply for permanent residency and citizenship. holders of H-1B visa may seek permanent residency (known as a green card) via sponsorship through their Rochester, NY job and ultimately apply for citizenship.
What Is a TN Visa in Rochester, NY?
TN visas are another temporary work visa type, but they are exclusively for citizens of Canada and Mexico. TN visas have more strict qualifications for professions because the list of occupations is closed. This includes pharmacists, accountants, engineers, management consultants, and scientists. Applicants must already have a job offer in the United States (for example in: Rochester, NY) to qualify. Canadian citizens may apply at the airport or border crossing and do not need to apply for a visa stamping at the consulate ahead of time, but Mexican citizens must obtain a visa stamp.
TN visas are initially valid for three years but visa holders can extend them for additional three-year periods. Like H-1B visa applicants, TN visa holders in Rochester, NY are able to transition to a green card if eligible.
Do I Need a Lawyer for an H-1B Visa in Rochester, NY?
H-1B visas could seem simple but require navigating a complex, sometimes vague system. An H-1B visa lawyer in Rochester, NY can help you work through this system and obtain a successful outcome.
Cap Limitations - One of the most difficult challenges that New York applicants must meet is the cap on how many new H-1B visas may be issued each year. Currently, the cap is set at 65,000 visas per 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 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 Rochester, NY can assist you in preparing your visa application and be more competitive in this highly selective process.
Dates To Remember - The registration window to apply for an H-1B visa is typically open for just a few weeks in March, and the selected employers and applicants have a few short weeks to apply once they've been notified of selection. An H-1B attorney in Rochester, NY is well-versed in the process and can assist you in filling out the required forms properly in the small window of opportunity.
Required Employer Sponsorship - Employers who already have a lot on their plates 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 highly-regulated legal process. Accuracy and punctuality are crucial for visa applications, and your H-1B visa attorney can assist with keeping track of important information and deadlines on your behalf.
Visa Policies Change Frequently - Nearly every year, the policies around H-1B visas shift. An immigration lawyer with expertise in Rochester, NY can assist you with those adjustments so your registration and application are filed on time and properly.
How TN Visa Lawyers in Rochester, NY Can Help
In similar fashion to H-1B visas, TN visas require proper paperwork for both parties, the Canadian or Mexican citizen and the employer. A knowledgeable Rochester, NY TN visa attorney can help you navigate this process to a successful outcome.
Eligibility - A TN visa lawyer in Rochester, NY can help review your or your potential employee’s education and experience to determine if they meet the eligibility requirements for a TN visa, saving you from potential legal problems in the future. They can also assist you with the necessary documents and make sure that a TN visa is the correct one for this situation.
Renewal - Since TN visas must be renewed before they expire, your Rochester, NY TN visa attorney can help you stay up to date with changing policies and the information needed to renew your visa. They can help you avoid delays in your visa and continue your legal working status.
Employer Compliance - Employers are responsible for complying with immigration and employment laws in Rochester, NY, which includes staying up to date with visa paperwork, logging job duties and wages, managing Public Access Files for H-1B visas, and additional obligations. Your Rochester visa attorneys can ensure your team is trained and prepared to remain legally compliant during the process and minimize the chances of a government audit.
Benefits of Hiring TN or H-1B Visa Lawyers in Rochester, NY
If you or a potential employee is pursuing an H-1B or TN visa to work in Rochester, NY, the process can be complicated and taxing. Moreover, incorrect information anywhere on the application can result in automatic denial.
Rochester, NY H-1B or TN visa attorneys are familiar with the intricacies of these visas and can assist in managing the required documentation, lotteries, and deadlines that correspond with each one. Moreover, an H-1B or TN visa lawyer in Rochester, NY can adjust to special circumstances, which include additional dependents or members of your family to New York with you.
Why Choose The Visa Pros as Your H-1B Immigration Lawyer in Rochester, NY?
Weinstock Immigration Lawyers, The Visa Pros, was founded by Karen Weinstock, and she is deeply familiar with the immigration procedures– she immigrated to the USA and went through several immigration procedures herself! The Weinstock team is made up of multilingual, multicultural staff in Rochester, NY, and throughout, with worldwide expertise and together, they have more than 100 years of legal immigration experience.
Our proactive perspective 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 hoping to hire global talent, turn to Weinstock Immigration Lawyers for your H-1B and TN visa needs in Rochester, NY. Get a free case evaluation today.
*Disclaimer: Prior results do not guarantee a similar outcome.