Employment visas allow a foreign national to work in the U.S. for a temporary period of time. This usually involves sponsorship for employment visa status by U.S. employer to relocate the worker to the U.S. for a short period of time for work. Employment visas are sometimes called work visas or work permits. There are usually quotas or limits on the number of employment visas issued each year.
Some types of employment sponsorship visas may also require work certification, which is a process verifying that the employer needs that specific worker for the job and can’t find similar employees from the pool of U.S. laborers. In some cases, an employment-based visa can lead to lawful permanent resident status for the worker. This may involve an adjustment of status after some time.
There are many different types and categories of employment visas. These are based on the type of employment, the nature of the employee/employer relationship, and various other factors. There are many classes of employment sponsorship visas, but some of the most common ones include:
- H1-B temporary work permit visas
- B-1 visas (for travel visas for business purposes)
- L-1 visas (for intracompany transfers)
There are different applications and eligibility requirements associated with each type of employment visa category.
A requirement for all work visas is that the foreign national be employed at all times by their sponsoring employer.
If the employer becomes incapacitated, or the company goes out of business, the employee will lose their work qualifications and their visa may be suspended. They may need to return to their country and seek alternative avenues if they wish to return to the U.S. There may be some exceptions to these types of situations, but in general the worker must exit the country if they are no longer employed by their sponsor.
Filing for sponsorship for employment visa status can often be challenging. There are many requirements and forms involved, and the process can sometimes be confusing.
You may wish to hire an immigration lawyer if you need help with employment sponsorship and visa matters. Your attorney can inform you of which options best suit your needs. Also, if you need to submit additional paperwork, or if you need to attend an immigration hearing, your attorney can provide you with legal guidance on those matters as well.