Jail or Prison Time
There are many people who are not citizens of the U.S. who would like to come here to work, and U.S. Citizenship and Immigrations Services (USCIS) provides a number of different visa classifications to enable workers to have several options for seeking temporary residency in the country. An experienced Riverside employment immigration attorney can help you explore your options for obtaining an employment visa and can also provide services to assist you with the process.
There are a number of different types of employment visas to fit the different situations that would compel a nonimmigrant to want to temporarily work in the U.S. There are visas available for individuals to temporarily transfer to a U.S. location of a company they already work for; to seek specialized training; for individuals who have extraordinary talents in the sports, arts, or entertainment; for religious workers from foreign countries; and for those participating in an exchange program in which individuals come to the U.S. to share their culture.
At Barraza Law, we work both with individuals seeking a visa in order to pursue employment opportunities in the U.S. as well as U.S. employers who wish to sponsor a foreign worker. We provide guidance as to the different types of employment visas, as well as other immigration issues, such as obtaining a green card, naturalization, or even obtaining family visas so that the worker’s spouse and children can join them as they come to the country to work.
Individuals who are invited by an organization or individual to obtain training in the U.S., who are participating in a foreign exchange visitor program, or who are seeking training in the education of handicapped children are permitted to stay in the U.S. on an H-3 visa.
In order to be eligible for an H-3 visa, the applicant must have proof of a Bachelor’s degree or similar experience in the field of training that they are seeking, a job offer from a U.S. business that utilizes specialized knowledge, and the ability of the company sponsoring the employee to show that there is a lack of U.S. candidates who possess the knowledge needed for the position.
Individuals who are transferring temporarily to a U.S. office of a company where they already work will typically seek an L-1 visa. There are two types of L-1 visas:
If the visa is being sought in order for a foreign worker to open a new office in the U.S., the company must show that they have a physical location for the office and that the employee seeking the visa has been employed with the company for at least three years for an L-1A visa, or at least one year for an L-1B visa.
O-1 visas are provided to workers with extraordinary talents who are coming to the U.S. as professional athletes, artists, scientists, or actors. This visa allows the individual to remain working in the U.S. for up to three years.
R-1 visas are available for nonimmigrant religious workers who intend to work at least part-time for a religious denomination that holds an official non-profit status. Those eligible to seek this type of visa agree to not work in any other capacity while in the U.S. and can remain up to five years in the country.
Alejandro handled my criminal case. I was looking at a lot of time and he fought for me for over a year and a half and got me the best possible outcome. He was always honest and upfront about everything. Even after my criminal case was over he would still check on me just to see how I was doing. ( still does ) He was an absolute godsend and always encouraged me to not give up and keep going. Couldn’t ask for a better lawyer.
In order to be eligible for an employment visa, an applicant must have a prospective employer’s sponsorship and must be able to prove that they will be able to financially support themselves while living in the U.S.
People with certain criminal histories and communicable diseases may be barred from obtaining an U.S. employment visa, as well as those who have previously overstayed a visa. However, there are certain circumstances in which a waiver may be granted. A qualified employment immigration lawyer can help you determine your next steps.
Whether you’re trying to determine which visa is right for you or you’re an employer wanting to learn more about sponsoring an employee, an experienced Riverside employment immigration attorney can assist you. We can also help with situations such as a visa-holder being charged with a crime, workers who wish to stay in the U.S. permanently, and other immigration matters. Contact us for a free case evaluation.
The accused is taken into custody. Police will ask basic discovery questions like name and address to identify a person, then pivot to more specific questions related to the incident.
You have the right to remain silent to avoid disclosing evidence that could potentially be self-incriminating, as well as the right to an attorney to defend you in court.
The police will take you in for booking — Police will fingerprint you and get and updated photograph for their records. After, you’ll be given a chance to contact your criminal defense lawyer.
The arraignment is the final date for you to decide how you’re going to plea. If you plead guilty, the case is set for a sentencing date. If you plead not guilty, your attorney will prepare for trial.
In the discovery stage, you’ll get to see exactly what evidence the prosecution has against you. This is when your attorney can make additional requests for evidence if need be and strengthen your defense.
Accepting the plea bargain is the last chance to plead guilty before the trial. Reduced charges may be presented to quickly settle the case and avoid trial.
The prosecutor presents the case to the jury. Any evidence or witness statements are shared at at this time. Afterward, it’s your lawyers turn to take the stands and share your side of the story. The jury will make a final verdict.
At sentencing, the Judge must decide the appropriate legal penalty for the crime you were found guilty of. Decisions are based on the advised penalties for the specific charges in question.
Jail or Prison Time
Substantial Fines
Lengthy Probation
License Suspension
Mandatory Education
The length of time it takes to get your visa depends on a number of factors, including incoming workload and staffing with the U.S. Embassy or Consulate where you are, and urgent matters such as a training start date that requires the process to be expedited. To determine the estimated wait time, visit the U.S. Department of State’s Bureau of Consular Affairs.
In many cases, yes. Our experienced Riverside employment immigration attorney can assist you in determining if you qualify for an extension and can explain the process to you.
Generally, the employer is obligated to pay all fees associated with the worker obtaining the visa, as well as transportation for the worker to return to their home country if their employment is terminated before the visa expires. However, there is no requirement stating that the employer has to pay these fees or that the worker is prohibited from doing so.
The district attorney is building their case against you right now. The Prosecutor will not take your charges lightly — Will you?