How can I get an Employment Visa?

People come from all around the world for the sheer purpose of working in the United States. Those who are noncitizens with bachelor’s or advanced degrees seeking work in specialty occupations may apply for employment visas. However, there are certain instances where others may also apply for an employment visa. Please read on to learn more about employment visas and your legal options going forward:

What are the benefits of an employment visa?

When you receive an employment visa, you may legally live in the United States until your job is completed or terminated. Nonimmigrant visas can be extended more than once, though, after the final extension, the nonimmigrant worker must go back to his or her native country. If you are seeking permanent residency as a nonimmigrant worker, you must first enter the PERM labor certification process.

What are the different types of employment visas?

There are several different types of employment visas available, depending on your specific situation. They are as follows:

  • H-1B Visas: For professional employees
  • H-2 Visas: For nonimmigrant unskilled workers in temporary or seasonal work
  • P Visas: Temporary employment visa, granted to noncitizen artists, athletes, entertainers, and their spouses and children.
  • R Visas: These are temporary visas granted to religious workers
  • B-1 Visas: These visas allow short-term entry into the United States for conferences, meetings, seminars, and other events
  • TN Visas: These visas are reserved for Mexican or Canadian professionals with sponsors in the U.S. at the time of application
  • M Visas: Student visas that are used to attend vocational or other recognized nonacademic institutions
  • L-1 Visas: For executives and managers transferring from other countries to the United States’ subsidiaries or regional offices of the employer corporation. L-1 Visas can also support an application for permanent residence without the need for PERM certification
  • F Visas: You will need an F visa to enter the United States to attend a conservatory, seminary, high school, private elementary school, university, and other academic institutions

How do I apply for an employment visa?

To obtain an employment visa, you must apply outside of the country. You should also know that only 140,000 employment-based visas are granted per year. There is a very long wait when it comes to obtaining an employment visa, so you must act now by hiring an experienced attorney who will help you get the ball rolling.

Contact our experienced Wisconsin firm

John Sesini is an experienced immigration attorney with offices in Green Bay and Milwaukee Wisconsin. Our firm understands what is at stake when it comes to immigration law matters, which is why If you have any questions, you should not hesitate to contact the Sesini Law Group, S.C. and schedule your initial consultation with our firm today.

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What is an Investor Visa?

Investor visas, also known as treaty visas, encourage trade between countries. Additionally, these visas allow investors and their employees to enter the United States and bring their businesses, as well as the jobs they provide, to our country. If you believe you may qualify for an investor visa, here are some of the questions you may have regarding your legal options going forward:

What are the advantages of an E visa?

E visas are the only visas that allow a foreign national to be self-employed in the United States. Additionally, E visas grant temporary citizenship for up to five years, and can then be renewed and extended in five-year increments as long as the qualifying activity continues. During the time an E visa is valid, the principal applicant’s spouse and children of the investor will be admitted in the same category and are therefore eligible for employment authorization in the United States.
Additionally, an E visa allows a direct filing with the consular post, bypassing the USCIS’s approval. If granted, you may also stay in the U.S. indefinitely, and prior work experienced or an advanced degree is not required. There are also no statutory limitations to the number of E visas that can be issued.

What is an E-1 visa?

E-1 visas are primarily granted to employees of enterprises. An E-1 visa will help an employee, or treaty trader maintain trade between the U.S. and the treaty country. However, the treaty trader must be a national of that foreign treaty country, among several other qualifications. Some of those qualifications are as follows:

  • There must be a traceable exchange between the US and the treaty country
  • The trade must be international and involve goods, services, and money
  • The trade must already exist between a ratified trade treaty country and the U.S.
  • A minimum of 50% of the international trade conducted by a trader must be between the U.S. and that treaty country
  • Trade must be substantial
  • The derived income of trade should support the trader and his or her family
  • The employee may hold a managerial or supervisory position within the enterprise or possess certain qualification essential to the business’s success, however, the owner of the enterprise must also be national to the foreign state and own at least fifty percent of the company

What is an E-2 visa?

To obtain an E-2 visa, the foreign investor or enterprise must

  • Have invested or be active in the process of investing in a U.S. enterprise
  • Have an investment of capital placed at risk in a commercial enterprise with the expectation of making a profit
  • Possess, and control, the investment
  • Have an investment irrevocably committed to the U.S. enterprise and subject to partial or total loss if the investment does not succeed
  • Have unsecured personal business capital or capital secured by personal assets

Contact our experienced Wisconsin firm

John Sesini is an experienced immigration attorney with offices in Green Bay and Milwaukee Wisconsin. Our firm understands what is at stake when it comes to immigration law matters, which is why If you have any questions, you should not hesitate to contact the Sesini Law Group, S.C. and schedule your initial consultation with our firm today.

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USCIS Declares Change of Status for Some Children of U.S. Military Members and Overseas Government Officials

The USCIS issued a statement last week regarding a change of citizenship status for some children of U.S. military members and government officials who were born overseas. Essentially, the guidance rescinds previously established USCIS policy, which stated certain children who were born and lived outside of the United States were considered “residing in” the United States. Following the change, these parents must now follow a new process to obtain a Certificate of Citizenship for the children.

Essentially, this policy seeks to explain the distinction between residence and physical presence in the United States, establish that temporary visits to the U.S. do not justify residence, and to explain that the USCIS no longer considers these children to be “residing in the United States” for citizenship purposes.

The policy will affect a relatively small amount of people, some of whom include non-citizen children who were adopted by a U.S. citizen, U.S. government employee, or U.S. service member after their birth. It may also affect children with non-citizen parents such as lawful permanent resident government employees or service members who naturalized after the child was born. Lastly, the new policy may affect children who were born to two U.S. Citizen government employees or service members who did not meet the residence or physical presence requirements to transmit citizenship to their child at birth.

However, this policy’s scope is rather narrow. For instance, you will not be affected by this policy if you:

  • Were born to unmarried parents, one of whom is a U.S. citizen and one a foreign national, if the U.S. citizen parent meets the requirements listed in INA 309
  • Are otherwise eligible to receive a Consular Report of Birth Abroad (CRBA) or a Certificate of Citizenship documenting U.S. citizenship acquired at birth
  • Are residing in the United States in the legal and physical custody of your U.S. citizen parent after being lawfully admitted to the U.S. for permanent residence
  • Were born to two U.S. citizen parents, at least one of whom has had a residence in the United States or one of its outlying possessions before you were birth
  • Were born to married parents, one of whom is a U.S. citizen and one a foreign national, if your U.S. citizen parent was physically present in the U.S. or one of its outlying possessions for at least five years, at least two of which were after they turned 14 years old

Contact our experienced Wisconsin firm

John Sesini is an experienced immigration attorney with offices in Green Bay and Milwaukee Wisconsin. Our firm understands what is at stake when it comes to immigration law matters, which is why If you have any questions, you should not hesitate to contact the Sesini Law Group, S.C. and schedule your initial consultation with our firm today.

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How Can I Travel Outside of the United States With a Green Card?

A Green Card is a symbol of freedom to many immigrants. However, when you wish to visit your family and friends back home, you must jump through more hoops than a U.S. citizen who was born here. Traveling is something everybody deserves to do, though if you are an immigrant, you must take a few additional precautions to ensure your status as a U.S. citizen stays the same. If you have a Green Card and are considering traveling abroad, here are some of the questions you may have:

What documents will I need to bring with me?

To leave the United States, you must present a passport from your country of citizenship or a refugee travel document when traveling to another country. You may also be required to have a visa for traveling outside of the United States.

How do I reenter the United States with a Green Card?

First, you will have to present your Green Card to a U.S. Customs and Border Protection Officer. From here, he or she will review your permanent resident card, as well as other related documents, including your foreign national I.D., your passport, or your U.S. Driver’s license to determine whether you are eligible to re-enter the United States. If all checks out, you should be on your way.

What do I do if I have to leave the United States for more than one year?

To leave the United States for an extended period of time, you must first apply for a re-entry permit on Form I-131. This is an application for readmission into the United States for the duration of the permit’s validity without the need to obtain a returning resident visa from a U.S. Embassy or Consulate abroad. While this application will establish your intention to permanently reside in the U.S., you will still have to be determined admissible before you are permitted to reenter. You should also know that if you are away from the United States for six months or more, you may disrupt the continuous residency required for naturalization. Fortunately, you can preserve your continuous residence for naturalization purposes by filing an Application to Preserve Residence for Naturalization Purposes on Form N-470.

Contact our experienced Wisconsin firm

John Sesini is an experienced immigration attorney with offices in Green Bay and Milwaukee Wisconsin. Our firm understands what is at stake when it comes to immigration law matters, which is why If you have any questions, you should not hesitate to contact the Sesini Law Group, S.C. and schedule your initial consultation with our firm today.

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How do I get a 3 & 10-Year Bar Waiver

Life is unpredictable. If you are a noncitizen and were in the United States illegally, you were most likely already nervous about your citizenship status and what will happen in the future. Unfortunately, if something happens in your native country and you believed you were obligated to return home, you may not be allowed back into the U.S. If you find yourself in this situation, you are probably extremely worried about what will happen next, as you now have obligations to meet in both countries. If you find yourself in this situation, here are some of the questions you may have:

What is a 3 or 10-year bar?

As stated above, these bars are instated when an individual was in the United States illegally, left the country, and attempted to return. These bars may impact your ability to obtain a green card in the future, even if you otherwise qualified. These bars carry very serious implications, which is why it is so important you contact one of your experienced immigration attorneys today if you are faced with this difficult situation.

Am I eligible for a bar waiver?

If you are an applicant for a bar waiver, the United States Department of Homeland Security can waive your bar if you establish a case of extreme hardship to a spouse or parent if your waiver is not approved. Waivers are notoriously difficult to obtain, and applicants must apply for the waiver from outside of the United States. What’s more, you may have to wait a very long time to get your waiver approved. As a result, families are very often forced to endure severe hardship before their loved one is permitted to reenter the country. 

What are some examples of extreme hardship?

Very few scenarios qualify for extreme hardship. Additionally, you will have to prove your loved one will endure extreme hardship without your assistance. Your qualifying relative must provide a personal statement discussing the hardship and the anticipated effects of your absence. You should also submit a personal statement, supporting your qualifying relative’s arguments. Some examples of extreme hardship are as follows:

  • Your spouse or parent has financial debts in the United States and cannot pay them without your assistance.
  • Your spouse or parent has another sick family member and will be unable to care for that person without your support.
  • Your spouse or parent has a medical condition and depends on you for care.
  • Your spouse or parent is financially dependent on you and you will not be able to provide adequate support from overseas.

Contact our experienced Wisconsin immigration firm

John Sesini is an experienced immigration attorney with offices in Green Bay and Milwaukee Wisconsin. If you have any questions regarding immigration law matters, please contact the Sesini Law Group, S.C. and schedule your initial consultation with our firm today.

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Read Our Latest Blog Posts

  •  How can I get an Employment Visa?
  •  What is an Investor Visa?
  •  USCIS Declares Change of Status for Some Children of U.S. Military Members and Overseas Government Officials
  •  How Can I Travel Outside of the United States With a Green Card?