Category Archives: Immigration and Customs Enforcement

We immigration attorneys practice law on behalf of immigrants, their families, and companies hoping to employ them stateside. We work within a system that can be difficult to navigate and even harder to understand. The system itself is why we say you need a business immigration attorney if you are hoping to bring foreign nationals here to work.

It is not our job to judge the U.S. immigration system as being right or wrong from a moral or ethical standpoint. The law is what it is. But we can say that satisfying immigration law is time-consuming. It involves a tremendous amount of paperwork that needs to be completed and submitted correctly. Immigration law is governed by a lot of rules and regulations, some of which are so mundane that they are easy to miss.

A Buffet of Visa Options

One of the first issues foreign nationals run in to when considering immigration for work purposes is figuring out what type of visa to apply for. Needless to say that our system allows for a veritable buffet of options. We have dozens of different visas all defined by their own criteria. How does a worker know which one is most appropriate?

One of the visas we specialize in is the H-1B work visa. It is for skilled laborers in very specific industries. Qualifying for an H-1B is not easy. And even if a worker does qualify, H-1B visas are limited in number and offered on a lottery basis. Qualifying does not guarantee approval.

Unfortunately, even being considered for an H-1B is impossible if paperwork is not completed correctly and submitted on time. It is not difficult for someone who doesn’t understand the system to fall behind and eventually find himself with his back against the wall as the deadline approaches.

A System-Wide Problem

We do not want to give the impression that the only challenge in U.S. immigration is applying for a visa. Indeed, the time-consuming and complex nature of the immigration process is a system-wide problem. Even foreign nationals attempting to seek asylum in the U.S. can struggle.

Take the case of a Nicaraguan immigrant profiled a few months ago by NBC News. He was exiled to the U.S. for political reasons. He is now seeking political asylum in this country. He has already been here five years and his case has stalled.

It is not that the man has done anything wrong. He hasn’t. It’s just that the system has been overwhelmed by backlogs. There are so many people needing help and far too few resources and personnel to help them. Meanwhile, this individual must continue maintaining records of his past to support his case when it is eventually heard.

It is Okay to Need Help

We mention all of this to say that it is okay to need help. Business immigration is not easy. It is certainly not simple. If your company is hoping to bring workers into the U.S. from other countries, your best bet for navigating the system as easily and efficiently as possible is to work with a business immigration attorney.

Business immigration is our specialty here at Graham Adair. We work with clients to get paperwork completed and submitted. We educate foreign nationals about the visa process. We can even help prepare them for their immigration exams.

We cannot make the process any simpler for you. However, we can work alongside you to help you do everything by the book. Needless to say that our system is difficult to work. But that is why you need an immigration attorney.

The United States offers literally dozens of visas through which people can legally enter the country. There are visas for tourists and workers. There are visas for children and the spouses of foreign-born workers with jobs here in the United States. Needless to say, attorneys can be a tremendous help to immigrants who don’t quite know which one to apply for.

Given that work visas are so popular, we thought it might be helpful to discuss the top four categories of work visas through which most foreign-born workers come here. As you read about them, bear in mind that Graham Adair is a business immigration law firm. We are here to help you do things right, as an employer or worker.

Category #1: Temporary Non-Immigrant Workers

The first group of work visas applies to non-immigrant workers who plan to be in the U.S. for a limited amount of time. They might be here to work for a few years before returning home.

The H-1B is perhaps the most well-known visa in this category. Although we deal with all sorts of business immigration law here at Graham Adair, certain members of our team are specialized H-1B visa attorneys. At any rate, the H-1B is designed for professionals with certain academic credentials or work expertise their employers need.

Other visas in this category include the L, O, TN, E-3, P and R visas. Also included are several EAD categories, E-1/E-2, H-2A, H-2B, H-3 visas.

Category #2: Permanent Immigrant Workers

Next up are visas designed for permanent immigrant workers. These are workers who come to the U.S. with the expectation that they will stay here permanently or, in other words, immigrate and become lawful permanent residents. Visas in this category include:

• First preference EB-1
• Second preference EB-2
• Third preference EB-3
• Fourth preference EB-4
• Fifth preference EB-5

These are categories based on a person’s accomplishments and background. Most will fall under EB-1, EB-2, or EB-3. 

Category #3: Student and Exchange Visitors

Workers coming to the U.S. as either students or exchange program participants are part of this third category. The F-1 is designed for students enrolled at accredited institutions and maintaining a consistent course of study. F-1 students are not allowed to work off campus during their first year.

Meanwhile, M and J visas are additional options for students and exchange program participants. The M visa is primarily for vocational students while the J visa is for students enrolled in work-study programs.

Category #4: Temporary Business Visitors

The fourth and final work visa category applies to temporary business visitors. They are issued to workers who come to the U.S. on a short-term basis and for explicit reasons. Possibilities include attending a trade show, negotiating a contract, providing company training, and meeting with peers.

There are only three visas in this category, the B-1 being the first of them. A worker visiting the U.S. for no more than six months can apply for the B-1. The worker must state the amount of time they need to complete business here. An approved application results in a visa with that time limit.

Rounding out the category are the GB and WB visas. Workers needing to visit Guam and other U.S. territories can apply for the GB visa which allows legal entry for up to 45 days. The WB is a waiver visa for visitors from 39 designated countries, also commonly known as ESTA. It allows them to be in the U.S. for up to 90 days.

With so many work visas to choose from, it is important that foreign workers hoping to come here get it right. Making the right choice avoids a lot of headaches during the application and approval process.