Fairfax Work Visas
America is known as the land of opportunity. As such, people from around the world apply for work visas, so they can live the American dream. While there are numerous applications, the United States only grants approximately 140,000 permanent work visas each year.
Because these visas are in high demand and short supply, you have to make sure that everything is in order with your application. Even the smallest mistake could prevent you from your chance to live and work in the United States. You can increase your approval odds by hiring a Fairfax work visa lawyer. Fayad Law, P.C. has more than two decades of combined experience helping people obtain these visas, so they can come to the United States.
Types of Permanent Work Visas
The United States divides permanent work visas into five categories. You can apply for an:
- EB-1 visa for priority workers and persons with extraordinary abilities
- EB-2 visa for professionals holding advanced degrees and persons of exceptional abilities
- EB-3 visa for skilled workers, professionals, and unskilled workers
- EB-4 visa for certain special immigrants
- EB-5 visa for immigrant investors
EB-1 applications are given the highest priority, with EB-5 visas having the lowest priority.
Why Choose Fayad Law, P.C.
- Covers All Aspects of Immigration Law – We help clients with citizenship and naturalization, appeals and bonds, asylum, and other aspects of immigration law.
- Multilingual – We are fluent in English, Arabic, French, Russian, and Spanish, allowing us to provide legal services to immigrants from around the world.
- More than 20 Years of Experience – Our experienced legal team understands the immigration system, and we use our legal experience and insight when representing our clients. Our first-hand experience as immigrants also helps our clients navigate the complex immigration system.
- Personal Attention – As a boutique law firm, we limit our caseload to ensure we can provide personal attention to each client that we serve.
- Ethical and Sound Legal Counsel – Nash Joseph Fayad has a reputation for providing ethical and sound legal counsel and was appointed to serve as Special Counsel to the Commonwealth of Virginia for all immigration matters.
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Obtaining Labor Certification
Obtaining labor certification from the Department of Labor is one of the most complicated aspects of the work visa process. You have to show that there aren’t enough United States workers available to fulfill the job. Also, you must demonstrate that hiring an immigrant for the position will not negatively impact the working conditions or wages for United States citizens.
A labor certification is generally only required for EB-2 and EB-3 visas, and the employer will file it on behalf of the employee. If you are an employer, it’s wise to have a Fairfax work visa lawyer prepare the documents for you. Our experienced team has prepared numerous labor certifications, and we understand what the government expects with these documents.
Work Visa Allotment
Before applying for a Fairfax work visa, it’s important to understand how they are dispersed. The majority of work visas are granted to EB-1, EB-2, and EB-3 applicants. Each category receives 28.6 percent of the total number of visas granted by the government. Eb-4 and EB-5 applicants receive 7.1 percent of the available visas.
Regardless of the category, you can improve your chances of approval by using a Fairfax work visa lawyer. The experienced attorneys at Fayad Law, P.C. will review your case and help you with your application. We understand the work visa immigration process and know what to include in a successful application.
What Is An Extraordinary Achievement?
If you apply for an EB-1A visa, you must have an extraordinary achievement. It’s easy to be a bit confused about what this means. The government is looking for people who are at the top of their fields. For instance, people who have won a Pulitzer Prize or a Nobel Prize might be eligible for an EB-1A work visa. Some athletes, such as Olympic medal winners, are also eligible for this. If you are unsure if you meet the criteria, consult with a Fairfax work visa lawyer.
Are Work Visas Permanent?
EB-1 through EB-5 work visas are permanent. If you receive such a work visa, you can then work toward becoming a U.S. citizen if you wish. You can also get a temporary work visa if you desire. These visas are granted to people who need to work in the United States for a limited period of time. When the visa expires, they have to go back to their home countries. Your Fairfax work visa attorney will discuss both permanent and temporary work visa options with you.
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FAQs - FREQUENTLY ASKED QUESTIONS
There are dozens of different types of visas available under the provisions of the Immigration and Nationality Act (INA), but they can all be placed in one of two categories: immigrant and nonimmigrant visas. The former is for individuals who are hoping to establish permanent residency with a green card and perhaps even to pursue the path to naturalization and citizenship. The latter is for those who are only planning a temporary visit to the United States, such as for the purpose of conducting business or attending school.
The INA sets limits on the number of people who will be permitted to immigrate to the United States each year using certain types of visas, while other visas are unlimited. Family immigration visas for the immediate relatives of U.S. citizens are available on an unlimited basis, while there are annual quotas set for the relatives of lawful permanent residents and extended family of citizens, with a maximum quota of 480,000. The number of employment immigration visas is limited to 140,000 per year.
Pathways to citizenship include service in the United States military and adoption, but a large percentage of all people who become citizens do so through the process of naturalization. The basic qualifications for naturalization include:
- Living in the U.S. as a permanent resident for 5 years (or 3 years for a spouse of a U.S. citizen)
- Being at least 18 years of age
- Living within the state where you will apply for citizenship for at least 3 months prior to the application date
- Being physically present in this country for at least half of the past 5 years
- Maintaining continuous residence in this country from the date you submit your application for naturalization
- Being able to read, write and speak English
- Have a basic understanding of U.S. government and civics
It is also necessary to supply evidence that you are a person of good moral character and are attached to the principles of the U.S. Constitution. We can assist you with proving these factors, as well as preparing your petition and helping you get ready for the tests.
In June of 2012, the Obama Administration directed the Department of Homeland Security (DHS) to begin applying a policy that is referred to as Deferred Action for Childhood Arrivals (DACA). Under deferred action, DHS is exercising discretion in its execution of the laws concerning deportation and removal of immigrants who are illegally present in the United States. Deferred action is not a change to the existing law, but is instead a change in the way that the law is being applied. You may qualify for relief under DACA if you were younger than 31 years of age on June 15, 2012, came to the U.S. before your 16th birthday, have continuously resided in this country since June 15, 2007 and are either currently in school or have already graduated from high school or earned your general education development (GED) certificate, among other criteria. With deferred action, you may be able to avoid being deported, though it does not grant any change of immigration status.
In its review of immigrant visa petitions, the U.S. Citizenship & Immigration Services (USCIS) weighs factors related to the ties that the prospective immigrant has in the United States and the reasons why he or she wants or needs to come to live in this country. For example, a family immigration petition will not be approved unless the foreign national has immediate relatives such as a spouse, mother or father, child or sibling already living here as a citizen or green card holder. An employment immigration petition is more likely to receive approval if the applicant has a job offer in this country and is coming to fill a position that cannot reasonably be filled from the local labor market. A foreign national who is fleeing persecution in his or her home country may be granted an immigrant visa as a refugee or asylee.
There are many strategies for challenging a removal action. If the proposed deportation is based on a criminal conviction, it may be possible to appeal the conviction in order to have it overturned. Another option is to petition for cancellation of removal, a type of immigration relief which is available to people who are of good moral character and whose deportation would subject a family member who is a citizen or permanent resident to extreme hardship. The key to success in stopping deportation is to take immediate action by hiring a Virginia immigration attorney from our firm as soon as possible. Contact us now at Fayad Law, P.C. for a confidential consultation and to let us get started on your case!
Fayad Law, P.C. maintains offices in Richmond and Fairfax, Virginia. We work with individuals, families, and businesses across the world, providing them with assistance in resolving the legal issues involved with helping their loved ones and employees to immigrate to the United States. We work directly with foreign nationals living abroad, guiding them through the process of obtaining immigrant and nonimmigrant visas for entry to the U.S.