Goose Creek Visa Lawyer

Most people hoping to visit the U.S. temporarily require a visa. Citizens of some countries participating in the Visa Waiver Program do not require a visa for stays not exceeding 90 days if their purpose is tourism, business, or to get medical treatment. However, everyone who plans to study, work, or perform in the U.S. requires a visa, regardless of their country of origin.

Getting a visa to enter the U.S. can be a complex process. Working with a seasoned immigration attorney at Miller | Conway can be helpful. Our local Goose Creek visa lawyers can explain which visa is right for your purposes and help you navigate the application process as smoothly as possible.

Study Visas

Many foreign nationals come to the U.S. to study or receive specialized training in a specific industry. Several categories of visas are available to people who wish to enter the U.S. to study (F-1), train for an occupation (M-1 visa), or engage in cultural exchanges (J-1 visa). Anyone applying for a visa in these categories must demonstrate enough English proficiency to complete the program and sufficient funds to support themselves while they are here.

Colleges, universities, preparatory high schools, vocational schools, and certified cultural exchange programs usually have a specialized application process for foreign nationals. When the applicant is accepted into the program, they receive a Form I-120. The applicant then applies for a student visa. Form I-120 confirming their acceptance into their chosen program is part of the supporting documentation for their visa application.

When they complete the online application process, the U.S. Consulate in their country of residence will schedule an interview. A Goose Creek attorney could help an applicant prepare for their interview, which is critical to the success of their visa application. The Consular official will confirm the information in the application and establish that the applicant has strong ties to their country of residence. The official might deny a visa if they suspect the applicant intends to remain in the U.S. or has an insufficient connection to their home country to return.

Work Visas

The U.S. issues thousands of visas to temporary workers annually. These visas are valid for a fixed period, although the U.S. Citizenship and Immigration Services (USCIS) might extend the visa upon request.

DOL Certification

Most work visas require the applicant to have a job offer from a U.S. employer before filing a visa application. Before making the offer, an employer usually must seek certification from the Department of Labor (DOL). The DOL certification ensures that the foreign worker will not take a job from a qualified U.S. citizen or permanent resident and that the wage the employer pays the foreign worker is the prevailing wage in the area for similarly skilled workers.

The DOL requires different certification forms for different jobs. A knowledgeable lawyer in Goose Creek could advise you about the requirements for the position you seek to fill and ensure your visa application is accurate and complete.

Petition for Foreign Worker

When the employer receives DOL certification, if required, they must submit Form I-129, Petition for Non-Immigrant Worker. The USCIS must approve the petition before the employer can make the job offer.

Worker Application

When the prospective employer receives approval to hire a foreign worker from USCIS, the worker must apply for a visa online. When their application and supporting documents are complete, the Consular office in their country residence will schedule an interview. When the applicant passes the interview and medical exam and provides proof of required vaccinations, the Consular office will issue a visa.

Contact an Attorney in Goose Creek for Visa Assistance

While obtaining a visa for a temporary stay in the United States is usually easier and faster than obtaining an immigration visa, it is still a complicated process. Having a professional in the field providing counsel can ease your anxiety and ensure things go smoothly.

A Goose Creek visa lawyer can your questions about applying for a visa and support you through the application process. Reach out today to discuss your situation with a Charleston-based legal representative.