Immigration Attorney in San Jose, CA, Helping Clients Obtain a Temporary Visa for Work or Study

Individuals without United States citizenship or lawful permanent residency may still gain legal authorization to work or pursue educational studies in the USA on a temporary visa. However, the United States government has laws in place to protect the jobs of workers in the U.S., and foreign nationals are only rewarded with nonimmigrant visas under special circumstances, such as possessing some extraordinary ability or specialized knowledge that is not otherwise found in other available workers.

Similarly, while there are student visas available to international students, the application process can be complex. And, for those students who need to work to keep funds coming in for the cost of living, the authorizations for employment can be extremely limited.

Working with visa lawyers can make the application to the United States Citizenship and Immigration Services (USCIS) much simpler and better the chances of getting the results you’re hoping for. The law firm of Yew Immigration Law Group in California is led by attorney Alison Yew, a well-respected legal professional who has dedicated her career to providing services to clients with immigration needs. Attorney Yew and her legal staff have decades of experience in the practice areas of immigration law and would be proud to assist you as you seek your nonimmigrant visas.

To learn more about your eligibility for a nonimmigrant visa, contact our local office in San Jose to schedule your initial consultation so that we may discuss your individual case in more detail.

What Are the Different Temporary Work Visa Categories?

A nonimmigrant worker may apply for a temporary worker visa which, if approved, would grant them the authorization to find temporary employment in the United States of America. With this work visa, they would be allowed to stay in the country for the duration of their work assignment.

Different temporary work visa categories include:

B-1/B-2: Temporary visas for business visitors and tourists.
E-3: Employment visas for workers from Australia.
H-1B: These nonimmigrant visas are for foreign workers who are to work in the United States at a ‘professional’ level. There is a bachelor’s degree (or its equivalent) requirement for an H-1B work visa.
H-1B1: A temporary worker visa expressly for workers from Chile and Singapore.
H-2B: A temporary work visa for a foreign national working for a very limited period of time, potentially for a special seasonal occupation. The temporary visa is only issued after U.S. workers are given a chance to find employment first.
J-1: An exchange visitor visa for a worker from a foreign country to work in the U.S. at an equal position or as a trainee or intern.
L-1A: Transfer of a company executive from an overseas office to work in the U.S.
NAFTA: Certain qualified Canadian and Mexican professionals may find be able to pursue their occupation in the U.S. under the North American Free Trade Agreement.
O-1: A visa for someone seen to possess ‘extraordinary ability’ in a particular field, such as sciences, business, athletics, research, industry, and the arts.
P-1: A visa for international athletes.
R-1: A work visa expressly for foreign religious workers.
TN: A nonimmigrant visa for professionals from Mexico and Canada.

Different student visa categories include:

F-1: The F-1 visa is for students studying in America with aUSCIS-issued approval for finding work relevant to their studies and “optional practical training.”
F-2: For the dependents on F-1 visa holders.
F-3: For Canadian and Mexican students who commute across the border in order to attend university in the U.S.
M-1/M-2/M-3: M visas allow students to pursue vocational study and training in the U.S. Similar to the F visas, their dependents may travel with them, and there is an option open to border commuters.
J-1/J-2: Foreign exchange student visas.

How Do Foreign Nationals Apply for Temporary Worker Visas?

Every temporary work visa has a different set of requirements. Your first step should be to determine what nonimmigrant visa you are eligible for. Then, you must attend an interview with USCIS to discuss your background, qualifications, and purpose. In some cases, there may be waivers available for different requirements in the visa application process.

For assistance in the nonimmigrant visa application, any foreign worker is encouraged to seek legal advice from an attorney with experience in the practice area of immigration law.

Who is Eligible for a Student Visa?

The surest way for a foreign student to be granted the right to enter the U.S. for academic studies is if they have already been accepted by an approved U.S. university, institution, or educational program. Often, when accepted by such a program, the prospective student will receive approval documentation from a school official.

All foreign national students need their I-20 form (Certificate of Eligibility for Nonimmigrant Students) to maintain status throughout the duration of their studies. The form must be kept safe. If it is lost or destroyed, the student’s rights may fall into question. The I-20 should be on your person when you first step foot into America.

How Can Temporary Work and Study Visa Lawyers Help You with Your Case?

Those who seek employment or education in the United States need to understand that the application processes can be complicated and take longer than anyone would wish. In order to better prepare yourself and ensure that you qualify for the type of visa you are seeking, applicants are encouraged to conduct a consultation with attorneys who can help provide guidance.

The attorney-client relationship is confidential, and your lawyer is required to act in your best interests throughout the application and interview stages. If you hope to enter the U.S. for the specific purpose of study and work, please contact our law firm today for assistance.

Contact Our Law Firm to Schedule a Consultation and Determine Your Eligibility for Nonimmigrant Visas

Yew Immigration Law Group helps temporary workers through the process of acquiring their visas and students through the necessary steps to pursue an education in the U.S. If you’re looking to stay in the U.S. on a temporary basis for work or study, please call our office to schedule an appointment.

You can reach our San Jose law office at (408) 740-3474.