How Often Do You Have To Renew A Work Visa?

The United States has opened its doors to foreign nationals for a number of reasons.  The laws governing the entry process are governed by immigration law under the administration of the Bureau of U.S. Citizenship and Immigration Services (USCIS).  Under immigration law, visitors may apply for temporary or permanent visas for the specific purpose for which they desire to come.  For many, that means a temporary work visa.  Immigration laws governing a temporary work visa are complex and specific, so it is generally essential to contact an immigration attorney to ensure that all forms and fees are correctly submitted, especially since immigration laws are much tougher since 9/11.  Even the slightest error or oversight can mean rejection without the help of an experienced immigration law firm.  Once a foreign worker and their immigration law firm have made it through the process to receive a temporary work visa, immigration law generally allows them to remain for three years, often with one three-year extension.
 
Application for Work Visas

Petitioning for a work visa under U.S. immigration law is detailed and complicated, usually requiring the help of an immigration law firm to process the four essential steps:

• The employer and their immigration law firm must obtain a labor certificate and have their application for a work visa for their foreign worker approved
• The approved application for a work visa is granted a visa number as soon as one becomes available
• The foreign worker receives their visa number, and they and their immigration law firm apply for their work visa
• The foreign worker is granted entry by U.S. Customs and Border Protection (CBP) agents

Immigration law first requires the employer and their immigration law firm to certify that they have been unable to find American workers to perform the duties they require, that they will pay the standard salary to the foreign worker, and that the foreign worker they have requested has the qualifications to fill the position.  An immigration lawyer can help provide the proof for those requirements to satisfy immigration law and receive a work visa. 

Immigration law establishes quotas and priorities for the five types of work visas, beginning with professional and highly skilled positions usually requiring a bachelor’s degree or higher.  Once an immigration law firm has provided evidence of the need for filling that position with a foreign worker, and attesting to the skills of the specific foreign worker an employer has requested, immigration law require that an application for a work visa be submitted for approval.

The foreign worker and their immigration law firm must then wait to receive a visa number, which may take months or even years.  This is based on job and country quotas established under immigration law.  That is why it is important to consult an immigration law firm to seek the highest priority job classification possible.

Immigration law requires that when a work visa number is granted, the foreign worker and their counsel submit the proper forms at the American embassy in their home country and receive their work visa.  If they are already in the United States legally, their immigration law firm can help them submit forms to adjust their current visa.

Time Limits for Temporary Work Visas

At the time of entry, immigration law still requires the foreign worker to be approved by CBP agents who, under immigration law, have the power to block entry if they find anything amiss.  It can be helpful to have an immigration law firm available to help in case of difficulty.  Once a foreign worker is granted entry, their work visa will be stamped with an expiration date, usually three years away.  By that date, immigration law states that the foreign worker must either leave the country or enlist the aid of an immigration attorney to help renew the temporary work visa for another period, generally three years. 

Throughout their stay, immigration law requires foreign workers to work at the specific place of employment for which their work visa was granted.  They may change employment, as long as their new employer follows immigration law, and with the help of an immigration lawyer, is granted a labor certificate and approval for an immigration law firm to adjust their work visa. 

Generally, immigration law only allows a foreign worker stay in this country a maximum of six years.  Under certain circumstances, immigration law allows the worker and their employer to petition for a longer stay.  If that is not granted, the foreign worker must leave this country for a year and, with their immigration law firm, reapply for a temporary work visa.  However, it may be wise to consult an immigration lawyer about applying for permanent residency.