Immigration Through A U.S. Citizen Or Permanent Resident Family Member

Living and working in the U.S. where your spouse, parents, son or daughter or other relatives have citizenship or permanent residency may be your most promising immigration opportunity. When your immigration plans are based on family relationships, both you and your sponsoring family member will need to submit the right petitions and supply requested documentation.

An experienced immigration lawyer can help you and your family member to meet all requirements. They can prepare you for interviews with immigration officers and explain other parts of the process. At Cornejo & Cornejo, LLP in Woodstock and Dalton, Georgia, we will help you determine the most direct way to secure your immigration status through your family connections and lead you through the mandatory steps.

Your Family May Reunite In The U.S. With Our Guidance

As immigration falls under federal laws, our attorneys can help people with immigration objectives in all 50 states and in U.S. territories. They can guide you through the appropriate immigration channels, such as:

• A K-1 fianc(é)e visa followed by a timely marriage in the U.S. and additional necessary paperwork
• A petition to sponsor a relative with the I-130 application form
• A work authorization renewal after you have been living and working in the U.S. with a family-based visa
• A green card renewal application when your residency was obtained through family connections
• Naturalization if you have been living in the U.S. as a permanent resident with your American spouse for three years
• An asylum petition for you and your family fleeing political persecution

Your unique circumstances vary from these examples. We would like to help you discover and follow the most appropriate way forward, such as petitioning for a spousal or fianc(é)e visa.

H1B Visas: A Unique Path To Employment

The H1B visa program is important to employers who are looking for workers in specialty occupations. These are typically highly educated immigrant workers who have at least a bachelor’s degree. They often work in fields like medical sciences, technology, engineering or mathematics.

With an H1B visa, the employer can sponsor the employee, giving them a chance to come to the United States to take a specific job. The H1B visa usually lasts for three years, but there are some situations in which it can be extended for a total of six years.

This classification has existed for over 35 years, and H1B visas are limited. As of 2024, the cap for most workers is set at 65,000 H1B visas. However, those with a master’s degree or a doctorate may be able to utilize 20,000 additional visas aimed at higher levels of education.

Eligibility And Requirements For H1B Visas

A specialty occupation is essentially a job that requires a unique education at a relatively high level. Employers must show that this won’t harm the U.S. workforce. In many cases, this means they are having trouble finding qualified workers within the United States, so they seek overseas workers to fill these roles. As noted above, these are often in science and technology jobs, where education and knowledge are more important than physical labor.

To be eligible, a worker must demonstrate that they have the proper degrees and education levels. Employers are responsible for notifying existing workers when they’re going to bring someone in on an H1B visa and contacting the Department of Labor to show that there won’t be a negative impact on working conditions or wages.

The employer then has to sponsor the worker, who must take and maintain that job to satisfy the conditions of their visa. If they lose their job, there is a 60-day grace period for them to find a new form of employment. After that, there is a risk of being removed from the United States because the terms of the visa would have been violated.

The H1B Visa Process

The H1B visa process starts with the employer, who must file a petition and pay a related fee. Currently, the fee is $215. When employers file the proper registrations, they claim to the USCIS that they will petition on behalf of the prospective employee for an H1B visa if there are enough visas available and they are approved.

H1B visa slots are often filled quickly. In many years, the government has run out of slots in the first week. In some cases, USCIS also receives more registrations than visas available to grant. If this happens, a lottery system is used to determine who will be granted the chance to sponsor someone for the H1B visa.

As a general rule, it should not take more than six months to move from filing to approval of an H1B visa. It can take as little as three months. However, there is some variance in the system, depending on factors like the overall workload and how smoothly the process goes. Employees and employers who quickly demonstrate eligibility can streamline this process.

Common issues with H1B visas often center around eligibility. Employers need to demonstrate that the workers are in the proper specialty occupation, for example, and that the employer-employee relationship will be maintained moving forward. Employees must show that they have the correct skills, abilities, and education levels to be a good fit. There can also be challenges regarding wages, especially if the government believes there will be a negative impact on U.S. workers.

Turn To Our Established Law Firm For Help With Family-Based Immigration Processes

Even if you submit all the right documents, the United States Citizenship and Immigration Services (USCIS) may ask you for more information. With an immigration lawyer on your side, you will be ready to respond quickly and accurately to all such requests.

At Cornejo & Cornejo, LLP, we can help you through your family-based immigration journey. Call 770-783-3220 or send a message online to request a consultation about your family’s immigration plans.