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Work Visa

South Florida Business Immigration Attorney

Need a Work Visa in South Florida, Florida?

Many foreign workers choose to immigrate to the U.S. for various reasons, but a majority of the individuals choose to do so for a chance at a better life. In order to legally work in the U.S., an individual must go through the process of petitioning for a work visa.

Our team and South Florida immigration attorney can help you obtain the appropriate work visa for:

  • Permanent immigrant workers
  • Temporary non-immigrant workers

Ready to start your U.S. work visa process? 
Contact our experienced South Florida Business Immigration Attorney today for a consultation. Call us at tel:(888) 388-6859 and let us help you achieve your goals!

What Are My Visa Options?

Those looking to work or invest in the U.S. will need to obtain the visa specific to their goals.

Business-related visas and programs include:

Work visas come with varying conditions, requirements and authorized time periods of stay, which is why it is important you seek the guidance of an immigration lawyer to help you file for the appropriate visa and adhere to its terms. Otherwise, your visa application runs the risk of being denied by U.S. Citizenship and Immigration Services. Don't let this happen to your visa application.

Overview of the U.S. Work Visa Process

Obtaining a work visa to the U.S. can be a detailed and sometimes challenging process. Here’s a step-by-step breakdown:

  • Step 1: Determine the Correct Visa Type
    You must first determine which visa type best suits your situation, whether it’s for temporary work (such as an H-1B visa) or for permanent employment (like an EB-5 visa for investors).
  • Step 2: File the Petition
    Most work visa applications require a petition to be filed by a U.S. employer on behalf of the applicant. This petition is submitted to U.S. Citizenship and Immigration Services (USCIS) for approval.
  • Step 3: Submit Required Documents
    You’ll need to provide a variety of documents, including proof of education, work experience, job offer, passport details, and financial information. It’s crucial to ensure these documents are accurate and up-to-date.
  • Step 4: Wait for Approval
    After USCIS processes the petition, they will either approve or deny it. This can take several months depending on the visa type and the specific circumstances of the case.
  • Step 5: Attend Visa Interview
    If the petition is approved, you’ll attend a visa interview at the U.S. embassy or consulate in your home country. This is when you’ll submit your passport and additional documentation.
  • Step 6: Receive Your Visa
    After the interview, if everything is in order, you will receive your work visa and be allowed to travel to the U.S.

Eligibility Requirements for U.S. Work Visas

Each work visa has specific eligibility criteria:

  • Age: Some visas require applicants to be at least 18 years old, but there is no upper age limit.
  • Education: Most work visas require a certain level of education. For example, H-1B visas typically require a bachelor's degree or higher.
  • Work Experience: For specialized visas, like the L-1 or H-1B, significant work experience may be needed to prove qualifications.
  • Sponsorship: Most U.S. work visas require sponsorship by a U.S. employer. The employer must demonstrate the need for a foreign worker.
  • Other Criteria: Depending on the visa type, you may also need to prove you possess exceptional skills (EB-1), or have invested in a U.S. business (EB-5).

Common Work Visa Denial Reasons

Work visa applications can be denied for several reasons, including:

  • Incomplete or Incorrect Documentation: Missing or incorrect paperwork can delay or deny your application. Double-check all forms before submission.
  • Failure to Meet Eligibility Requirements: If you don’t meet the education, work experience, or other visa-specific criteria, your application may be denied.
  • Employer Issues: If your U.S. employer does not meet the requirements or fail to provide the necessary documentation, the application could be rejected.
  • Immigration Violations: Prior violations of U.S. immigration law, such as overstaying a previous visa, may lead to denial.
  • Lack of Financial Support: You may need to prove that you can financially support yourself or that your employer has the resources to pay your wages.

By preparing well, ensuring all documents are complete and accurate, and seeking legal advice if necessary, you can avoid these common pitfalls and increase your chances of a successful work visa application.

Providing Skilled & Friendly Legal Representation for Immigrants

At The Gaston Law Firm, P. A., we wish to help immigrants attain the American Dream. If you need help filing for a work visa, our firm can guide you through the entire process. We understand how stressful immigration matters can be, which is why we strive to make our clients feel comfortable and at ease.

Should you choose our firm to handle your work visa case, you can expect the following:

  • An initial case evaluation conducted in person
  • Experienced and tireless legal representation that is always friendly
  • An immigration law firm that is up-to-date with the ever-changing immigration laws

Serving Clients in South Florida & The U.S.

Our South Florida immigration lawyers place a strong emphasis on client communication and they work to ensure that our clients are well-informed about the progress of their case. When you retain our firm's legal services you can be sure that you will be treated with dignity, respect and professionalism. The sooner we hear from you, the sooner we can get started working on your work visa. We serve areas throughout Florida including Fort Pierce, Stuart, Palm City, Vero Beach, Port St. Lucie, Okeechobee, Indiantown, and Port Salerno!

Frequently Asked Questions (FAQ)

  • What is the processing time for a work visa?
    The processing time for a work visa can vary depending on the type of visa and individual circumstances. Typically, it may take anywhere from a few months to over a year. Some visas, like the H-1B, may take longer due to annual quotas. Always consult an immigration attorney to get a more accurate timeline based on your specific situation.
  • Can I apply for a work visa without a job offer from a U.S. employer?
    Most U.S. work visas require a job offer from a U.S. employer to act as your sponsor. However, there are exceptions, such as for certain types of self-employed professionals or investors, like those applying for an EB-5 visa.
  • Can I switch jobs while on a work visa?
    Switching jobs while on a work visa is possible, but it may require a new visa petition and approval from U.S. Citizenship and Immigration Services (USCIS). If you are on an H-1B visa, for instance, your new employer must file a petition on your behalf before you can start working for them.
  • What happens if my work visa application is denied?
    If your work visa is denied, you may have the option to appeal the decision or reapply. It is crucial to understand the reason for denial and take corrective action. Working with an experienced immigration attorney can help improve your chances of approval during reapplication or appeal.
  • Can my family accompany me on a work visa?
    Yes, certain work visas, like the H-1B, allow visa holders to bring their spouse and children (under 21 years old) with them. These family members can apply for dependent visas, such as the H-4 visa for spouses and children of H-1B holders.
  • How do I maintain my work visa status while in the U.S.?
    To maintain your work visa status, you must continue to fulfill the terms of your visa, including working for your sponsoring employer and adhering to any restrictions related to your visa type. It is important to notify USCIS if there are any changes to your employment or personal situation to avoid violating the terms of your visa.
  • Can I apply for permanent residency while on a work visa?
    Yes, some work visa holders, such as those on an EB-2 or EB-3 visa, can transition to permanent residency through a process called “adjustment of status.” You must meet specific eligibility requirements and have an employer willing to sponsor you for a green card.

Contact our firm today! Let us help you make your goal of working in the U.S. a reality. Call tel:(888) 388-6859 now!

What Makes Us Different

  • Award-Winning Representation
    We are members of the American Immigration Lawyers Association and have achieved a perfect 10.0 Superb rating on Avvo!
  • Specialized Experience
    We have an intimate knowledge of immigration laws and process, and our lead attorney has experience as a former prosecutor.
  • Honest & Ethical Counsel
    We stay openly connected to our clients throughout the process, and provide personalized strategies and proactive representation.

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FAQ

Common Answers To Your Questions


  • I’m a foreign national studying in the U.S., can I stay within the country following graduation?
    To stay in the country following graduation, a student will need to obtain an H-1B temporary worker visa. Typically, graduates who work in a specialty field (such as a medical professional or engineer) will be able to obtain this visa with ease. To ensure that this process moves smoothly, it is recommended that students apply for this visa as early as possible to avoid penalties.
  • Can I become a citizen after I am granted permanent residency?
    Yes! If you live in the country for five years as a permanent resident, you will be able to obtain citizenship through naturalization. To be eligible for this, however, you must have been physically living in the country for at least half of those five years – and must not have left for a time period longer than six months.
  • I am looking to adopt a foreign child – how can I make the process as fast as possible?
    For those who are looking into adoption, but have yet to identify the child that they are interested in adopting, it is recommended that they file an Application for Advance Processing of Orphan Petition. This will allow for the portion relating to the approval of the parents to be completed by the time the child is chosen so that the adoption process can be expedited.
  • If I become a citizen, what are the privileges that I will experience?
    There are three primary privileges that citizens can experience. These include being able to vote in local, state and national elections; having the ability to obtain a passport; and sponsoring relatives in their efforts to become a permanent resident.