Many want to know when to fire an employment-based visa attorney to help manage the regulatory maze of paperwork, deadlines, and expectations. Let’s break down when to hire, why it matters, and what to expect from a seasoned work visa lawyer.
What Is an Employment-based Visa Attorney?
An employment-based visa attorney is an immigration lawyer who focuses on employment visas and green cards. They’re experts in the following categories:
- EB-1, EB-2, EB-3 green cards
- PERM labor certifications
- O-1 (extraordinary ability)
- TN visas for Canadian/Mexican professionals
- L-1 (intra-company transfers)
- H-1B (specialty occupations)
- Employer I-9 compliance and audits
Immigration lawyers understand legal nuances, shifting deadlines, employer responsibilities, and documentation standards required for visa approval. Contact Lamb & Turner today to discuss your case.
When to Hire a Work Visa Lawyer
If you are a U.S. company sponsoring an employee, you’re legally responsible for everything from filing a Labor Condition Application (LCA) to maintaining public access files. Compliance errors can delay the visa, trigger a Department of Labor audit, or lead to heavy fines or a hiring ban.
Applying for an O-1 or EB-1 visa? These categories demand documentation that proves extraordinary ability in your field. Acceptable evidence typically includes awards, press releases, scholarly publications, and reference letters from experts. Since USCIS scrutinizes these applications, garnering help from an immigration lawyer to ensure polished applications are filled with relevant information and submitted on time.
Some visa categories (like the H-1B) restrict applicants with annual filing windows and hard caps. The PERM process can take months to get certified, and missed deadlines can mean starting from square one. Time is currency in immigration; don’t gamble it. Contact Lamb & Turner today to stay ahead of the curve and secure your visa status.
How a Complicated Immigration History Impacts Your Visa Status
Overstayed visas and previously denied petitions can complicate the already complex work visa process. USCIS considers these red flags. An employment-based visa attorney can review your immigration history, recommend the best path forward, and help minimize risks and status violations despite what happened in the past.
A Request for Evidence (RFE) or Notice of Intent to Deny (NOID) is often just the beginning. These notices are legal warnings requiring a strategic approach to prevent costly setbacks. Immigration lawyers are skilled at crafting persuasive legal responses, submitting missing documents with purposeful framing, and preventing denials that could derail your career.
Although temporary, work visas usually demand documentation from the foreign national and the sponsoring employer, which means job descriptions must match degree requirements, and evidence of the ability to pay the wage must be submitted. This can prolong the application process and cause hurdles that a skilled immigration attorney can help you navigate.
What Happens When You Transfer from a Temporary Visa to a Green Card?
An employment-based visa lawyer is helpful when you’re ready for permanent residency (green card). Going from a temporary work-based visa to a green card often means perfect timing, PERM certification, priority dates, multiple hearings, and intricate forms like the I-140. While it’s possible to complete these requirements with legal assistance, a work visa lawyer can:
- Identify the best green card category
- Avoid pitfalls during the PERM process
- Monitor priority dates
- File concurrent applications (where applicable)
Hiring a skilled lawyer can save you time and money long term. Schedule a consultation with Lamb & Turner today to learn more.
Takeaway
If you’re still unsure when to hire an employment-based visa attorney, ask yourself these questions:
- Am I filing under a specialized visa?
- Is my case urgent, complicated, or previously denied?
- Am I sponsoring employees?
- Am I unsure what documentation is required?
