Work Permit Lawyer in Vineland, NJ Explains Who is Eligible for a Work Permit
Immigration law is highly complex, and in this current legal and public policy climate, it is especially constantly evolving. But one thing is sure, only individuals with green cards, US citizenship, or certain types of work visas can legally work in the United States without first obtaining a work permit. But not everyone qualifies for a work permit, and the requirements do change frequently. This is one of the most common questions asked to our work permit lawyer in Vineland, New Jersey.
Fortunately, with over 25 years of experience in the field of immigration law, the Law Offices of MC Law Group, LLC has a proven track record of success representing applicants who are eligible for a work permit in the United States. If you are unsure of your rights or are actively seeking a work permit, schedule a consultation with our immigration attorney in Vineland, New Jersey
, to learn what your rights to compensation may be under the law.
Understanding Immigration Law and Work Permits
Immigration law in the United States is governed by the United States Citizenship and Immigration Services, commonly known as USCIS. You must apply to USCIS to obtain a work permit, and there are various types of work permits that one may be eligible for.
Work permits can be subdivided into two very distinct categories: non-immigrant or temporary visas; and immigrant or permanent work visas. While there is a litany of various work permits, spanning from individuals with extraordinary abilities or achievements—to temporary religious workers—we focus on one of the most commonly utilized non-immigrant and temporary work visas: the H-1B visa.
What is an H-1B Visa?
An H-1B visa is a temporary, non-immigrant visa for those who wish to work in: a specialty occupation; services of exceptional merit and ability, relating to a Department of Defense cooperative research and development project; or services as a fashion model of distinguished merit or ability. It is much more typical for an H-1B visa to be for one who wishes to work in a specialty occupation only. In layman’s terms, specialty occupation means that the visa candidate possesses a skill or trade that cannot be found elsewhere within the Country. An H-1B candidate essentially fills a role in the U.S. that allegedly cannot be otherwise fulfilled.
An H-1B visa applicant must possess specific credentials, mainly related to particular educational degrees, such as bachelor’s and master’s degrees. The more extensive and competitive an applicant’s educational experience is, the more likely his or her visa will be approved. Work experience is similarly essential in that the more applicants can prove that their work experience is like no others’ or is unique and extensive, the more likely their visa application will be approved. In sum, the better the resume, the greater the chances of approval for an H-1B visa applicant.
Challenges with H-1B Visas
It should be noted that granting H-1B visas is even more competitive and limited, in that, there is an annual numerical limit, or cap, of 65,000 new visas per fiscal year, according to the USCIS. Once the 65,000 visa cap is met, and it is met extremely fast year after year, an otherwise eligible H-1B candidate will no longer be considered for such a visa.
On top of the 65,000 visas, another 20,000 are granted to those with a master’s degree or higher from a U.S. institution of higher education. Likewise, H-1B workers employed at a higher education institution, or affiliated non-profit entities, a non-profit research organization, or a government research organization are not subject to this cap either.
H-1B work visas are popular for various reasons, one being that the cap is higher than many other work permit categories. It is also less of a commitment for an employer to take on other immigrant or permanent visas, as an H-1B visa lasts three years with a possible second extension. While the maximum length of stay from an H-1B visa is six years, an H-1B visa sponsored employee can be further sponsored through the means of other, immigrant, or permanent visas.
Other Types of Work Permits and Visas
There are several other types of work permits that you may be eligible for under the law. This includes the following:
– H-2B – temporary agricultural worker for seasonal work
– H2B – temporary non-agricultural worker for seasonal, non-agricultural work
– H-3 – trainee or special education visitor
– L – intracompany transferee – going between branches, parents, affiliates, subsidiaries, or other parts of a business
– O – individual with extraordinary ability or achievement in sciences, arts, education, business, athletics, or other achievements in motion picture or television
– P-1 – individual or team athletes
– P-2 – artist or entertain groups under a reciprocal exchange program
– P-3 – priest or entertainer to perform or teach/coach
– Q-1 – participation in international cultural exchange programs – for practical training and employment
Not Sure if You are Eligible for a Work Permit in New Jersey? Call Our Law Office in Vineland, NJ for Help
Learn how the immigration lawyers
at the Law Offices of MC Law Group, LLC can help review and complete your application for a work permit. We know how necessary a work permit can be for you and your family, and we offer consultations to explain what your rights and options are before you hire us. Learn more by calling (215) 496-0690 or using our contact us box available here to send us a secured message.