Fairfax, VA H-1B Visas Explained
Classified as a nonimmigrant visa, the H-1B visa authorizes foreign nationals in specialized fields of work to temporarily work in Fairfax, VA and the rest of the United States. To qualify for an H-1B, applicants must already have been offered a job in a highly-specialized industry such as engineering, science, healthcare, education, or IT. Any professional field where the employer can prove it is required to have a bachelor's degree could be eligible. Initially, H-1B visas are valid for three years but may be extended up to six years or more if the employee chooses 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 (known as a green card) through sponsorship from their Fairfax, VA employer and ultimately apply for citizenship.
What Is a TN Visa in Fairfax, VA?
TN visas are another temporary work visa type, but they are exclusively for citizens of Canada and Mexico. The qualifications for TN visa applicants are stricter because the list of occupations is finite. The list includes engineers, pharmacists, management consultants, scientists, and accountants. In order to qualify for a TN visa, applicants must have a full-time U.S. job offer (ex.: in Fairfax, VA). If you are a Canadian citizen, you are able to apply directly at an airport or border 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 can be extended for three-year periods at a time. Akin to H-1B visa holders, TN visa holders in Fairfax, VA are able to apply for a green card if certain requirements are met.
Do I Need a Lawyer for an H-1B Visa in Fairfax, VA?
H-1B visas could seem simple but actually require you to go through a complex, frequently vague bureaucracy. An H-1B visa attorney in Fairfax, VA can assist you with this system and gain a desired outcome.
Visa Caps - One of the biggest obstacles that Virginia applicants face 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, 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 Fairfax, VA can assist you in preparing your visa application and be more competitive in this highly selective process.
Application Turnaround Times - Registration for H-1B visa application is routinely open for a few short weeks each 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 Fairfax, VA is well-versed in the process and can help make sure your application has been filed correctly in the small window of opportunity.
Employer Visa Sponsorship - Employers who already have a lot on their plates normally will hire Virginia corporate immigration attorneys to assist the employer with preparing the visa application in this regulated, high-stakes legal process. Precision and timeliness are paramount for these applications, and your H-1B visa lawyer can help keep track of essential information and manage deadlines for you.
Changing Policies - Nearly every year, the policies around H-1B visa adjudication change. An immigration lawyer with expertise in Fairfax, VA can assist you with those adjustments to ensure that your registration and application are filled out completely.
How a TN Visa Attorney in Fairfax, VA Can Help You
Similarly to H-1B visas, TN visas need proper documentation for both parties, the Canadian or Mexican citizen and the employer. A knowledgeable Fairfax, VA TN visa attorney can walk you through the process to help you achieve a successful outcome.
Check for Eligibility - TN visa lawyers in Fairfax, VA can analyze your or your potential new employee's qualifications and information to determine if they meet the eligibility requirements for a TN visa, helping save time and prevent future legal issues. They can also assist you with the necessary documents and ensure that a TN visa is the right choice for your situation.
Extensions - Before they expire, TN visas require an extension, and your Fairfax, VA TN visa attorney can help keep you updated with changes in policy and the information needed to renew your visa. Your TN visa lawyer can assist you and avert gaps in your visa and ensure you can keep legally working.
Employer Visa Compliance - Employers are responsible for complying with immigration and employment laws in Fairfax, VA, which means staying current with visa paperwork, documenting wages and job duties, keeping H-1B visa Public Access Files, along with other requirements. Fairfax visa lawyers from our team can prepare and train relevant staff to maintain legal compliance throughout the application and reduce the chance of government audits.
Benefits of Hiring TN or H-1B Visa Lawyers in Fairfax, VA
No matter if you or your employee is seeking a TN or H-1B visa to work in Fairfax, VA, it can be a lengthy and extremely complex process. Moreover, incorrect information anywhere on the application can cause it to be denied outright.
An H-1B visa lawyer or TN visa attorney in Fairfax, VA is knowledgeable about the intricacies of each visa type and can help you understand the required documentation, lotteries, and deadlines associated with them. Additionally, an H-1B visa lawyer in Fairfax, VA can assist with your unique situation, especially if you need to bring dependents and immediate family members to Virginia with you.
Why Should You Choose The Visa Pros as Your TN Visa Lawyer in Fairfax, VA?
Karen Weinstock established Weinstock Immigration Lawyers, The Visa Pros, and she understands the immigration procedures deeply – she relocated to the U.S. and went through various immigration steps personally! Weinstock Immigration Lawyers is comprised of team members who are multilingual and multicultural in Fairfax, Virginia, who possess international expertise and boasts a combined more than 100 years of legal immigration experience.
Our proactive perspective has resulted in over 20,000 cases of approved visas and green cards. That's one of the highest approval rates in the industry, with only a 1% denial rate.* Whether you're attempting to get a work visa in the U.S. 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 Fairfax, VA. Get in touch today for your free case evaluation.
*Disclaimer: Prior outcomes do not guarantee similar results.