Generally, a foreign citizen must obtain a visa before entering the United States. The nature of their visit determines the exact visa necessary, be it an exchange program, a person in a specialty occupation and everything in between. If you are seeking a temporary visa, contact us for the best immigration lawyer in Austin to assist you in the process.
Temporary and Seasonal Workers Visa
Due to the lack of available employees within the US, foreign workers may obtain temporary workers visas to perform seasonal jobs. These visas are extended to temporary workers for up to 10 months. Most temporary workers’ visas are issued for temporary agricultural/horticultural workers (H-2A) and temporary non-agricultural workers (H-2B).
However, additional temporary visas exist for:
- person in specialty occupation
- free trade agreement (FTA) professional – Chile, Singapore
- trainee or special education visitor
- intracompany transferee
- individual with extraordinary ability or achievement
- individual or team athlete, or member of an entertainment group
- artist or entertainer (individual or group)
- participant in international cultural exchange program
Employers’ Filing Process
To be granted a temporary work visa, the employer must have applied to employ temporary workers. Typically, the process is as follows:
- Step One: The employer files an application for prevailing wage determination. The prevailing wage to be paid is determined by the average wage for similarly employed workers in the specific occupation and area of work.
- Step Two: The application for temporary employment certification is filed. This application assures that the admission of foreign workers will not hurt American workers by adversely affecting opportunities, conditions, or wages.
- Step Three: The employer must register with the local State Workforce Agency while meeting all local requirements. Then, the job is posted through the local State Workforce Agency, newspaper ads, and local media advertisements to attempt to fill the positions from within the US.
- Step Four: A summary of recruitment efforts is prepared for review.
- Step Five: If approved, the US Department of Labor issues a certification.
- Step Six: Recruitment reports, labor certification, and petition for a non-immigrant worker are submitted to the US Citizenship and Immigration Services.
- Step Seven: If the petition is approved, it moves to the US Consulate where the foreign worker(s) may apply for the visa issuance.
Hire the Best Immigration Lawyer in Austin
There are numerous material and procedural requirements involved in filing for a temporary visa. Our immigration lawyer is here to help ensure your application process meets these strict requirements to avoid unnecessary denials. Give us a call for a free consultation, and we’ll begin assisting with your application today.
Our clients receive individualized attention from an attorney, not an assistant or paralegal. Although we handle a wide range of legal issues, our attorneys are limited to practicing a few practice areas to give you the specialized care you need. We are compassionate attorneys that will listen closely to ensure your voice is heard and to implement potential strategies that most other attorney will miss. Call us for a free consult with our immigration attorney to see why we vastly differ than most law firms.
We understand times are tough and that there probably hasn’t been a tougher time in your life. Although we could get away with charging exuberant amounts, we prefer not to as we are a law firm by the people, for the people. We do not want you to worry about whether you can afford to hire the best immigration lawyer in Austin to protect and defend your rights. Call us for Immigration consult and be surprised at the quality you receive compared to what other Austin law firms will quote you!
Accordingly, the attorneys at AZ Law Firm will always provide you with a free initial consultation. During this initial consultation, our criminal lawyers will evaluate your case, inform you of any legal options that may be available, and allow you to ask any questions that you may have. AZ Law Firm offers affordable rates for all our clients and will work with you on payment plans. Our firm accepts checks, debit cards, and most major credit cards to cover the costs of your legal representation.
