Tag Archives: work visa

Work Visas

Work Visas | Rothrock Immigration Lawyer | Naples | Fort Myers | Boca Raton

Work Visa USA | US Immigration Lawyer Carl Rothrock

Immigration Attorney Carl Rothrock standing in front of the bar he rebuilt after Hurricane Charlie. Carl is a licensed Florida Contractor in addition to being a licensed attorney. He understands the day to day struggles of the small business owner.

Carl Rothrock is a U.S. business immigration attorney who has successfully filed work visas for applicants from all over the world. He has offices throughout Florida, including Naples, Fort Myers, Miami, and Boca Raton.  He has filed thousands of cases, including EB1, EB2, NIW, EB3, EB5, O, P, H1B, and TN applications.  In addition to being a licensed attorney, Carl is also a licensed Florida Building Contractor and has developed several real estate developments throughout Florida. As a small business owner, he understands the frustrations of the small business owner. Good workers are hard to find, and they are harder to keep. Many foreigners want to achieve the American dream and will work hard to prove themselves. They bring with them richness and culture of their countries and are eager to please their employer if given a chance.

Permanent Work Visas

An employer may sponsor an employee for a permanent job.  The permanent residence card is also known as a “green card.”  If the petition is approved, the employee’s spouse and children under 21 may also receive green cards.  There are three primary categories of business visas.  The first is the “EB1,” visa.  The second is the “EB2” visa.  The third is the “EB3” visa.  The government limits the number of visas each year in each category by country of citizenship as well as type of visa.  Some of these categories require the applicant to have a job offer while others do not. Visit our pages for these visas to learn more.

Temporary Work Visas

In addition to sponsoring an employee for permanent residence, an employer may sponsor an employee to work for a temporary duration.  Most categories require the employee to hold a professional degree, license, or high level of skill.  Common types of temporary visas are the TN Visa, the E1 and E2 treaty visas, the L visa, the O visa, the P visa, and the H1B visa. The employee’s spouse and children under 21 may accompany the employee to the United States.  Many foreigners enter the US. under the temporary work visa until they can locate an employer who will sponsor them for permanent employment. The Rothrock Law Firm has counseled many clients to achieve this goal.

Work Visas for Unskilled Laborers

The U.S. government allots a very small percentage of permanent work visas for people who have unskilled labor. If people who work unskilled jobs wish to gain permanent residents in the United States, they often enter the United States to work temporarily. Eventually, they meet and marry a U.S. citizen. Once they marry a citizen, they obtain a green card through marriage.  The H2B program and the J1 Exchange program allow unskilled workers to find temporary work in the United States. At this time, it is very difficult to find permanent employment in the U.S. through a work visa for unskilled workers.

Schedule a Consultation with an Experienced Immigration Attorney Today

Carl Rothrock is an experienced Florida immigration lawyer with offices in Naples, Fort Myers, and Boca Raton, Florida.   He has been licensed to practice law since 1989 and has successfully filed business visa applications for people all over the world.  Mr. Rothrock is admitted to practice before all Immigration Courts in the United States.  He provides representation to clients within and outside the U.S.  To schedule a free initial consultation, call Rothrock Immigration Lawyer today.

H1B Visa

H1B Visa | Rothrock Immigration Lawyer | Naples | Boca Raton | Miami

H1B Visa | Florida immigration lawyer Carl Rothrock | Naples | Boca Raton | Miami

Florida Immigration Lawyer Carl Rothrock files H1B visa applications.

Florida immigration lawyer Carl Rothrock files H1B Visa Applications for his clients. He has offices in Naples, Boca Raton, and Miami. The H1B allows foreign nationals to temporarily work “specialty occupations” in the U.S. A specialty occupation is one that requires, at minimum, a bachelor’s degree or enough work experience equivalent to a bachelor’s degree.  

 

Requirements of the H1B Visa

  • The applicant must have a job offer.
  • The employer must acquire labor certification from the Department of Labor.
  • The job must be in a “specialty occupation.” Specialty occupations include architecture, engineering, mathematics, physical sciences, social sciences, medicine, health, education, business, law, accounting, theology, and the arts.  Most occupations require the equivalent of a U.S. bachelor’s degree or higher.  If the occupation requires a license, the applicant must also have a license.
  • H1B visas are valid for up to three years. They can be renewed for one three-year period only and then for one-year increments if the visa holder has an approved I140 petition. 
  • In most cases, the U.S. government caps the number visas given per fiscal year. The visas are typically used up within the first week or two of eligibility period so the applicant should file his or her paperwork early.

Benefits of the H1B Visa

  • The H1B visa is portable, meaning the visa holder can change job or change location of job as long as the employer files an amended petition timely.
  • Unlike the TN visa, The H1B is a “dual intent” visa. The applicant can submit a petition for a permanent green card without jeopardizing the ability to renew the visa.
  • The spouse and children under 21 can accompany the H1B holder to the U.S. The child can attend public school, and the spouse can work.
  • H1B visas are a viable solution for Indian citizens. Indians often have to wait for more than ten years to get a permanent green card. As long as the Indian citizen has an approved EB application, he or she can continue to renew the H1B application in one-year increments until a visa number comes up.

Hire an Experienced H1B Attorney Today

Call Florida immigration lawyer Carl Rothrock today at 239-206-2363 to schedule an appointment.

EB3 Visas

EB3 Visas | Rothrock Immigration Lawyer | Naples |Miami | Florida

EB3 Visa | Florida Immigration Lawyer Carl Rothrock | Naples | Miami | USA

Carl Rothrock is a Florida immigration attorney who files EB3 visas.

Carl Rothrock is a highly qualified Florida immigration lawyer who has filed EB3 Visas for clients throughout the world.  Mr. Rothrock has represented thousands of clients from over 100 countries throughout the world.  EB3 visas are employment-based visas that allow foreign citizens to legally work in the United States and obtain green cards. EB3 workers comprise three categories:  skilled workers, professionals, and “other workers,” which includes unskilled workers.  The U.S. government issues approximately 40,000 EB3 visas per year. The number of visas are capped by country. 

Types of EB3 Visas

  1. “Skilled workers” must hold two years of training or experience.  

  2. “Professionals” must belong to a profession requiring a bachelor’s degree.

  3. “Other workers” include unskilled laborers and skilled laborers having less than two years of experience.

Requirements of the EB3 Visa

  • A U.S. company must sponsor the immigrant for a job.  The applicant cannot file a petition on his or her own behalf.
  • The U.S. Department of Labor must issue labor certification before the government will grant the visa.  Labor Certification is a complicated and lengthy process.  The employer must prove to the government that it is paying a fair wage to the foreign employee and that no suitable U.S. citizens are qualified to fill the job.
  • The foreign employee must be qualified for the job. 

Advantages of the EB3 visa

  • The EB3 provides permanent residence in the United States to the holder, the holder’s spouse, and children under 21.  Eventually, the family members can apply for U.S. citizenship.
  • Compared to other types of visas, the applicant does not need to prove that his or her talents are extraordinary.  Rather, the applicant simply needs to prove that he or she is qualified.

 

TN Visa

TN VISA | Rothrock Immigration Lawyer – Naples, Fort Myers, Boca Raton

TN Visa | Rothrock Immigration Lawyer | Naples | Fort Myers | Boca Raton

Florida Immigration Attorney Carl Rothrock files TN Visa applications

The TN visa (also called a “NAFTA visa”) allows Canadian and Mexican professionals to work temporarily in the United States. Florida immigration lawyer Carl Rothrock has successfully represented thousands of clients from over a hundred countries in visa applications, including TN applications. 

 

TN Visa Requirements

  • The applicant must be a citizen of Canada or Mexico.
  • The applicant’s profession qualifies under the regulations as a designated TN occupation. Click this link to see the complete list of TN occupations.
  • Most  professions require a college degree; however, a few professions do not require a degree.
  • The applicant must have a job offer in the United States.  Additionally, the U.S. employer must pay an appropriate wage.
  • The applicant must prove he or she is qualified to perform the job.

Benefits of TN Visa | Rothrock Immigration Lawyer Naples, Boca Raton

  • Unlike the H1B visa, the U.S. government imposes no limits on the number of TNs issued per year.
  • The visa holder is allowed to work for a maximum of three years.  Further, the TN visa holder can renew the visa in three-year increments indefinitely.
  • The spouse and children under 21 of the TN holder may accompany the TN holder to the United States. Although the minor child of a TN holder may attend public school in the United States, the spouse cannot work.
  • Canadians can apply for the TN at the border and get immediate approval without lengthy wait times.
  • Unlike many other work visas, the TN does not require Labor Certification from the U.S. Department of Labor.

Contact an experienced Florida Immigration Attorney Today

Immigration lawyer Carl Rothrock has practiced law since 1989 and has filed thousands of cases for clients in over 100 countries.  He has offices in Naples, Fort Myers, Boca Raton, and Miami, Florida. To schedule a consultation, call the Rothrock Law Firm today.

EB2 Visa

EB2 Visa | Rothrock Immigration Lawyer | Naples | Boca Raton | Florida

Carl Rothrock EB2 attorney

Carl Rothrock, EB2 lawyer

EB2 visa.  Florida immigration lawyer Carl Rothrock has successfully filed thousands of cases, including EB2 visas.  A foreign citizen may qualify for an EB2 visa if he or she possesses an advanced degree, has exceptional ability, or qualifies under a National Interest Waiver.  If USCIS approves the application, the applicant and his or her spouse and children may receive permanent resident cards and can apply for citizenship after five years.  There are three categories of an EB2 visa in which the foreign citizen may apply:  1) Advanced Degree, 2) Exceptional Ability, and 3) National Interest Waiver

EB2 Visa: Advanced Degree | Rothrock Immigration Lawyer Naples, Fort Myers, Miami, Boca Raton

  • An employer must sponsor an employee for an EB2 visa requiring an advanced degree.
  • The U.S, government limits the number of approved visas in this category to approximately 40,000 visas per year.  Further, the government limits the number of immigrants by country.  Citizens of China, India, the Philippines, and Mexico typically experience long waiting periods when they apply for this visa.  Other countries do not experience significant wait times.  Click this link to see current waiting times for immigrant visas.
  • The available job must require an advanced degree or relevant work experience. The applicant may have a master’s degree (or foreign equivalent) or a bachelor’s degree plus five years of work experience.
  • Prior to filing an I140 Employment Based Petition, an employer must usually file two preliminary applications.  First, the employer must file a Prevailing Wage Determination and must pay the foreign employee a minimum amount determined by the government.  Second, the employer must obtain “Foreign Labor Certification,” a process by which the government certifies that there are not enough qualified Americans to perform the job. The Labor Certification process currently takes several months.
  • Most occupations require Labor Certification. Nurses and physical therapists with advanced degrees do not.
  • The foreign employee’s spouse and children under 21 are also eligible for permanent resident cards if the employee’s EB2 visa is approved.

EB2 Visa: Exceptional Ability | Rothrock Immigration Lawyer Naples, Fort Myers, Miami, Boca Raton

  • The applicant must demonstrate that he or she has an exceptional ability in the sciences, arts, or business. Exceptional ability means “a degree of expertise significantly above that ordinarily encountered in the sciences, arts, or business.”
  • An employer must sponsor an employee in this category.
  • Most applicants in this category hold a doctorate degree.
  • The government requires both Labor Certification and Prevailing Wage Determination unless it waives labor certification.
  • An Applicant must prove at least three of the criteria listed below:
  • Official academic record showing a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning relating to the area of exceptional ability
  • Letters documenting at least 10 years of full-time experience in the occupation
  • Professional license
  • Salary history reflecting the applicant’s exceptional ability
  • Membership in a professional association(s)
  • Recognition for achievements and significant contributions to the applicant’s industry or field by peers, government entities, professional or business organizations
  • Other comparable evidence of eligibility is also acceptable.

The EB2 Visa: National Interest Waiver (NIW) | Rothrock Immigration Lawyer Naples, Fort Myers, Miami, Boca Raton

  • Visit our EB2 NIW page for additional information about the EB2 NIW visa.
  • Unlike the category for extraordinary ability, National Interest Waiver applicants are not required to obtain Labor Certification. Applicants must show that the necessity of labor certification can be waived because it is in the interest of the United States.
  • Most approved applications in this category are in the field of science, and most applicants possess a doctorate degree.
  • Applicants in this category may file their own I140 Employment Based Petition. They do not need an employer to sponsor them.
  • The spouse and child of the applicant is eligible for permanent residence if the applicant is approved.

Choose a Qualified EB2 Visa Immigration Attorney to Represent your Interests

Immigration attorney Carl Rothrock has successfully represented thousands of immigration clients from more than 100 countries, including EB2 applicants.    He has been licensed since 1989 and is admitted to practice before the Board of Immigration Appeals and all Immigration Courts in the United States. He has received numerous awards and recognitions as an immigration lawyer.  To schedule a free initial consultation, call the Rothrock Law Firm at 239-206-2363.