Understanding H-1B Visas in Durham, NC
H-1B visas are a type of nonimmigrant visa that allows foreign nationals in certain specialized careers to work for a finiteamount of time in Durham, NC and the United States in general. 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 professional field where that the employer can demonstrate that a bachelor's degree is the minimum qualification required could potentially fit. H-1B visas are good for three years but have the option to be extended up to six years and even longer 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. Many H-1B visa applicants file for permanent residency (a U.S. green card) sponsored by their Durham, NC employer and eventually apply for citizenship.
TN Visas in Durham, NC: What Are They?
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. The list includes engineers, pharmacists, management consultants, scientists, and accountants. A full-time U.S. job offer is required for TN visa applicants in Durham, NC. 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 Mexican citizens must go to a consulate to apply for a visa.
TN visas are valid for three years initially but can be extended for additional three-year periods. Like H-1B visa applicants, TN visa holders in Durham, NC can apply for a green card if certain requirements are met.
Challenges an H-1B Visa Lawyer in Durham, NC Can Help You Overcome
H-1B visas could seem simple but in reality, require working through a complex, often convoluted system. H-1B visa lawyers in Durham, NC can help you navigate this system and successfully petition your visa.
Cap Limitations - The biggest hurdle North Carolina applicants encounter is the cap on the number of new H-1B visas that may be issued yearly. The current Congressional cap per fiscal year is 65,000, with an additional 20,000 visas available under the H-1B advanced degree exemption. With a limited number of visas available, your paperwork must be without errors and submitted correctly.
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 Durham, NC can assist you in preparing your visa application so your application can have more chances in this process.
Application Deadlines - The registration window to apply for an H-1B visa is normally only allowed during a few weeks in March, and then applicants and employers who are selected have a few short weeks to apply once they've been notified of selection. If you work with an H-1B lawyer in Durham, NC, they are familiar with this process and can assist you in filling out the required forms properly in the fast process.
Employer Sponsorship - Employers have a lot to manage, so they normally will hire North Carolina corporate immigration attorneys to help put together the entire visa application in this highly-regulated legal process. Accuracy and timeliness are crucial for visa applications, and your H-1B visa attorney can assist with organizing essential information and track time limits on your behalf.
Shifting Policies - Practically every single year, H-1B adjudication policies change. An experienced Durham, NC immigration lawyer can help you understand those policy changes so your registration and application are filed on time and correctly.
What a TN Visa Lawyer in Durham, NC Can Do
In similar fashion to H-1B visas, TN visas also require documentation for both the employer and the Canadian or Mexican citizen applicant. A knowledgeable Durham, NC TN visa attorney can help you navigate this process to a successful outcome.
Eligibility - A TN visa attorney in Durham, NC can help review your or your potential employee’s education and experience to determine their eligibility for a TN visa, helping save time and prevent future legal issues. They can also help you assemble the necessary paperwork and make sure that the TN visa is the right one for your employee.
Renewal - Since TN visas must be renewed before they expire, your TN visa attorney in Durham, NC can help you remain current with potential policy changes and the necessary information that you need to renew your visa. Your TN visa attorney can help you prevent gaps in your visa and maintain your legal employment status.
Employer Visa Compliance - Employers are responsible for complying with immigration and employment laws in Durham, NC, which includes staying up to date with visa paperwork, recording wages and job assignments, keeping H-1B visa Public Access Files, along with other requirements. Your Durham visa attorneys can coach the necessary staff to stay compliant throughout the process and reduce the chance of government audits.
Why You Should Hire an H-1B or TN Visa Attorney in Durham, NC
No matter if you or your employee is seeking a TN or H-1B visa for temporary work in Durham, NC, it can be a complex and time-consuming process. Additionally, erroneous information on any piece of the application may cause your application to be denied.
An H-1B visa lawyer or TN visa attorney in Durham, NC is knowledgeable about the intricacies of each visa type and can assist you in navigating the necessary paperwork, deadlines, and lotteries that are associated with each one. Furthermore, Durham, NC immigration lawyers can aid in your specific situation, including bringing dependents or other immediate relatives with you to North Carolina.
Why Choose The Visa Pros as Your H-1B Immigration Lawyer in Durham, NC?
Karen Weinstock started Weinstock Immigration Lawyers, The Visa Pros, and she is intimately familiar with the United States immigration process – she moved to the United States and went through multiple immigration processes herself! Weinstock Immigration Lawyers is comprised of team members who are multilingual and multicultural in Durham, North Carolina, who have global expertise and boasts a combined more than 100 years of legal immigration experience.
Our hands-on approach means that we boast over 20,000 cases of approved green cards and visas. That's 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 seeking to take advantage of the best talent the world has to offer, turn to Weinstock Immigration Lawyers for your H-1B and TN visa needs in Durham, NC. Get in touch today for your free case evaluation.
*Disclaimer: Prior results do not guarantee a similar outcome.