Immigration Lawyer San Jose

Do you need an immigration lawyer in San Jose? Let us help you with your immigration goals at Hurtubise Weber Law LLP. We specialize in helping people apply for employment-based visas, green cards, and US citizenship/naturalization.

What is an Employment Visa?

There are several different types of employment visas that are available to professionals who would like to work and conduct business in the United States. If you need an immigration lawyer in San Jose, contact a reputable firm such as Hurtubise Weber Law and let us explain in detail all of your options.

Different employment visas have different criteria, and you must meet every requirement to be considered. It is essential to make sure you understand all of the requirements for the visa you are applying for.

What Are Some Common Employment Visas?

H-1B Visa:

This is the most common type of visa for a professional. For you to obtain this visa, your job must be considered a "specialty occupation" that requires a bachelor's degree. Your pay must be typical for the occupation. There are only 85,000 visas issued each year, and applications are accepted only during the first week of April. In general your stay can not exceed six years.

Treaty Work Visas for Professionals:

  • TN Visa-Canada and Mexico—there is a list of occupations, Canadians can apply at the border with proper documentation, valid for three years but can be renewed.

  • E-3 Visa-Australia—Available all through the year, similar to H-1B, but can be renewed indefinitely, and the spouse can apply for work authorization.

  • H-1B1-Singapore and Chile—It is the same as the H-1B visa and can be renewed indefinitely.

  • L Transfer Employee Visa—A US company connected to a foreign company is the petitioner. The employee must be a manager or executive and have worked overseas for one year. Spouse is entitled to apply for work authorization.

  • Quasi-Work Visa—Optional practical training (OPT), Intern or Trainee, have work authorization as a spouse of a visa holder. Qualify for a Visa for Entrepreneur or conduct business under a B-1 business visa.

What Are Some Employment-Based Green Cards?

Some professionals can qualify for an employment-based green card, but the majority require sponsorship by a US employer. All require legal documents and evidence.

EB-1s:

EB-1A—No employer requirement, you must have outstanding abilities in a marketable profession and have obtained international/national fame in your field.

EB-1B—Professors and Researchers at the top of their field with national acclaim.

EB-1C Executives and managers that are transferred from an affiliated company to a US company.

 

EB2—Position must require an MBA or Ph.D., and the employer has to show an attempt to hire a US citizen or green cardholder. There is a backlog from India and China.

EB3—Position must require a comparable degree to the US bachelor's degree, and the employer must have tried to hire a US citizen. There is a backlog.

It is advisable to hire an immigration lawyer in San Jose to help you navigate the complicated immigration system. Hurtubise Weber Law is an excellent choice. We enjoy a challenge and will look for creative ways to help solve your immigration issues.