If your application for a nonimmigrant visa has been denied, you have a limited number of options for recourse. It is best to confront any potential issues with your visa application at the beginning of the process rather than at the end. Contact our firm today to speak with an immigration attorney about your application and any potential problems that may prevent you from obtaining a nonimmigrant visa.
Non-Immigrant Visas Information Center
Non-immigrant visas are intended for foreign nationals who are traveling to the United States for a specific purpose without the intention of securing permanent residency status or naturalization. Non-immigrant visa seekers must demonstrate that they have requisite financial support while in the United States and that they intend to return to their home country. At the Law Office of Mark Galvin, we offer strategic advocacy and service to businesses and employees seeking a temporary work visa or non-immigrant status. We will guide you through the immigration process, offer strategic advocacy and counsel you to best protect your rights and interests while navigating the immigration legal system.
Protect your rights. Secure a visa, residency, or citizenship. Call 401-861-8810 to speak directly with an experienced immigration lawyer.
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We help employers and employees navigate the immigration legal system to quickly and effectively secure non-immigrant visas in the United States. Call 401-861-8810 today for an initial consultation.
We are experienced in providing sound counsel to help businesses and immigrants secure visas to promote business, innovation, science and the arts in the US.
The Law Office of Mark Galvin offers sound, experienced counsel in business and family immigration matters. Contact our attorney by e-mail or by calling 401-861-8810 for services in the United States or abroad.
Temporary Worker Visas
Foreign nationals seeking temporary employment in the US have several nonimmigrant visa choices. The US places caps on the number of nonimmigrant workers who can enter the country each year. The process for entering the US as a nonimmigrant worker is complex and should be initiated well in advance of the intended work start date. Contact Law Office of Mark Galvin in Providence, Rhode Island today to speak with an experienced immigration attorney about temporary work visas.
Department of Labor Certification
Employers are required to gain approval from the US Department of Labor (DOL) before they can request approval from the US Citizenship and Immigration Services (USCIS) to hire certain categories of nonimmigrant workers. These categories include H-1B (specialty occupations), H-2A (temporary agricultural workers) and H-2B (skilled and unskilled temporary workers) workers. Employers have to submit forms to the DOL documenting several items, including:
- Their need to employ foreign workers
- Their attempts to find US workers to fill the vacancies
- How hiring foreign nationals will not displace American workers
Only after receiving DOL certification can employers submit a petition to the USCIS.
Employer's Petition
Before a foreign national can apply for a temporary worker visa, his or her prospective employer must file a Petition for Nonimmigrant Worker (form I-129) with the USCIS. The processing times for these petitions can be long, so it is best for employers to file the petition as soon as possible. Currently, the petitions may be filed up to six months before the anticipated work start date.
Once the application has been approved, the USCIS will send the employer a Notice of Action form. In order for the temporary workers to complete their visa applications, the employer must provide them with the receipt number from this form. A copy of the Notice does not have to be included with the visa application.
Temporary Worker Visas
Approval of the employer's petition to the USCIS does not mean a worker is guaranteed a visa and entry into the US. Like other nonimmigrant applicants, the worker still must file a visa application with his or her local US embassy or consulate and schedule an in-person interview. Additionally, most applicants will have to provide evidence of their intent to return home after their time in the US has come to an end. This may include family, work or business obligations, a permanent residence or other ties.
Once the visa is approved, the worker may travel to a US port of entry, where a US Department of Homeland Security (DHS) officer will determine whether the worker will be admitted to the US and how long the worker will be allowed to remain in the country.
Spouse and Child Visas
The spouses and unmarried minor children of temporary workers also can apply for nonimmigrant visas to join the temporary worker in the US. While not required, it is best if all of the nonimmigrant visas are submitted at the same time. As part of the approval process, the principal visa applicant must be able to show he or she can financially support the additional family members during their time in the US. With limited exceptions, spouses and children are not allowed to work while in the US. If they do, they may be deported.
Extending Temporary Worker Visas
Each temporary worker category provides a fixed amount of time the worker can remain in the US. If the time expires before the work has been completed, an extension may be applied for with the USCIS. Once the time extension has expired, temporary workers must return to their home countries and remain there for a set period of time before they are eligible to apply for another temporary work visa.
Conclusion
For more information on securing temporary worker clearance, contact Law Office of Mark Galvin in Providence, Rhode Island. An experienced immigration attorney can review your situation and suggest the best options for your particular case.
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