When Immigration Matters

Congratulations! You have a visa interview scheduled and are wondering what to expect. This article will break down everything you need to know about the big day.

The hidden impacts of the COVID-19 pandemic can be seen among the frayed personal relationships that connect people across the world. Family, friends, and romantic partners have been separated by more than just oceans and borders.

American companies can often benefit from bringing over foreign talent to fill out their workforce. When finding the right employee proves difficult, experienced and knowledgeable legal counsel can help you check all the legal boxes when sponsoring a foreign worker.

Lawful permanent residence (or permanent residency), which is the legal status for green card holders, can allow non-residents and their family the freedom to travel the country, work, and send your kids to public schools. No longer will they have to worry about visa extensions and planning their lives around time periods of only a few years. 

Many employment-based visas allow a path for temporary visa holders to become lawful permanent residents by obtaining a green card. Even though H-2A and H-2B visas are temporary in nature, there are ways for these workers to obtain green cards. The H-2 visa evidences non-immigrant intent, and the green card evidences immigrant intent. If an H-2 worker evidences immigrant intent, it is unlikely their H-2 visa will be renewed. This process is quite nuanced and should be timed very carefully.   

One option for employers needing to bring over foreign talent to fill positions for specialty occupations is the H-1B visa. This nonimmigrant visa allows employees to legally reside and work in the U.S. for an initial period of three years, which may be renewed for an additional three years—possibly beyond these six years with an approved Form I-140 (Petition for Immigrant Worker) filed by an employer.