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Employment-Based Immigration

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At Morales & Sparks, we specialize in immigration law including employment immigration lawyer aid in San Antonio, TX and the Austin area. We may be able to help you secure an employment-based visa, and we can work with you if you’ve stayed beyond the time allowed by your employment-based visa.

Working in the United States legally as a foreigner is a benefit to the United States and to the visitor working in this country. We work to ensure these benefits are maintained for all involved.

How to Obtain an Employment-Based Visa

The United States help employers by providing paths to bring in foreign workers. These paths include both temporary and permanent employment visas. Common temporary visas include:

  • H-1B: The government grants 65,000 of these visas each year to highly educated foreign professionals in specialty occupations. Visas last three years, and holders may be sponsored by their employers for permanent visas.
  • H-2A: There is no annual limit on these visas, which the government grants to temporary agricultural workers. They are valid for up to one year and can be renewed annually for up to three years.
  • H-2B: The government issues 66,000 of these visas annually to seasonal, non-agricultural workers. They are valid for up to one year and can be renewed twice for a total of up to three years.
  • L-1A and L-1B: There is no annual limit for these visas, which are granted to foreign employers who work in a managerial, executive or specialized-knowledge role for an employer abroad. They are valid for one year if establishing a new office or up to three years otherwise.

Permanent employment visas are commonly referred to as green cards. Holders of permanent employment visas have more rights than temporary visa holders. The limit on permanent visas each year is 140,000, and they are divided by preference category:

  • Category 1: Priority workers
  • Category 2: Professionals with advanced degrees or exceptional ability
  • Category 3: Skilled workers and professionals, as well as unskilled workers
  • Category 4: Certain special immigrants
  • Category 5: Immigrant investors

How to Tell When Your Nonimmigrant Visa Expires

Your visa will provide permission to enter the country during a certain period. This is different than the expiration date of your legal period of stay, which is provided by an immigration officer at your port of entry. These ports of entry include airports, seaports and land border crossings.

Make sure you understand that the dates on the visa in your passport have no bearing on when your visa actually expires. Rather, keep track of the length of time the immigration officer provided at the border. That is when your legal status expires.

What to Do If You’ve Violated an Employment Visa

If you stay beyond the time allowed by immigration, you are out-of-status, and your visa may be revoked. At that point, the U.S. government sees you as no different than someone who entered the country without a visa at all.

It’s important to secure experienced legal counsel to help you through this issue. Not only can legal counsel prevent your deportation, a good immigration attorney can also help make sure your future rights to enter the United States are not revoked.

Get in Touch With Us

If you’re looking for a seasoned and compassionate employment immigration defense lawyer in Austin, TX, contact Morales & Sparks. We fight for your rights and needs, and we treat you like a member of our own family.

Contact us today for help getting a working visa and other employment-based immigration needs.

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