Common Confusions In Case Of Employment Based Visa For USA

Getting an employment based visa for USA is always more confusing compared to getting visa for other requirements. The scenario can change completely depending upon the type of employment like permanent or part time or the same can change as per the skill set of employees. One of the common employment based visa is H1B. U.S Based employers looking to hire talent with specific skill set from foreign countries need to apply for this particular type of the visa for its employees. One of the common confusion in this case if the beneficiary requires a special diploma or degree to fulfill his/her employment requirement, during the process of application the applicant is considered to have the requisite degree to qualify for the process even if he/she doesn’t have the physical degree in hand but in case if final approval the physical copy is always required.

Another confusion which is very common in case of part time employment is the question regarding whether the particular applicant can have multiple Employment Based Visa For USA at one point of time. Since in most cases of non permanent employment an employee may be hired from multiple companies at one point of time and every employment has applied to visa against that employment, then in that case multiple employment visa statuses can exist at any point of time. Out of all of the confusion, one of the cases which is bit uncommon is the based when the employer himself wants employment visa status in his/her name. It is not that an employer can’t have employment based visa in his /her name but the condition is that the person should hold>50% stake in the employer country and this is common for most technology startup firms.

So there is a whole list misunderstanding employment based visa but one of the common things which employer face when they are themselves act as petition for the visa is regarding adhering to labor law guidelines. As per the guideline you assure the authorities that you always have the required money to pay the immigrant employee and the ample amount of work for the new immigrant employee who is being hired. Another important confusion which employers generally face in there is corporate restricting happening in employer’s company. Though no separate petition has to be filled subject to the condition the structuring doesn’t leads to cases of merger and acquisitions.

The above explained confusions are very common to anybody and should be dealt after having a proper understanding. One should be clear with a point if you leave the country because the completion of H1B status period then again the somebody is reapplying. The status change once you leave the borders of United States of America. So to make sure that the employment visa request is not rejected by the authorities your employment Immigration Lawyer New York should be experienced in his/her service,

One should try get away with these before you file the petition or otherwise can lead you fall in trap and the chances of your petition getting denied increase.

I am Immigration Lawyer in New York, US.provides services in various field of Immigration laws, Civil laws, Criminal laws, Family law, Consumer cases, Property related matters, Matrimonial related matters &drafting and vetting of various agreements