Employment prospects are the main reasons behind long-term travel to the United States. The US provides a wealth of job opportunities for professionals and skilled employees that cannot be matched by local economies.
But for a foreign passport holder to work in the US, they need a valid employment-based visa, which bestows upon the holder the relevant work permit. For those not looking to permanently immigrate or become an American citizen, there are a variety of non-immigrant visas that give work permit status.
At Kashyap and Kashyap, we work with clients to assess that the right visa is chosen, the best visa application possible is put together and to work with them to ensure the best results for the application.
Explore Your Options
There is often held misconception that job related travel to the US entails only two visa types -the basic H1B and business visas. But our legal experts will explain the many other options for an employment visa which are available.
The options available to non-immigrant employment based applicants include, but aren’t limited to:
- H1 Employment Visas
- L1 A & B Transfer Visas
- J Exchange Visas
- Spouse & Fiancé Visas
- I International Media Visas
- EB-5 Investor Visas
- E1 Treaty Trader Visas
- E2 Treaty Transfer Visas
Different types of visa are provided for different purposes, and have different requirements and rights attached. Each applicant is suited best for one type of visa – and finding the appropriate visa is key to a successful application.
A Difficult Process
Counseling: It is important to work with the right, experienced legal team to avoid mistakes which can lead to permanent rejection of your visa. There are many unlicensed agents and amateurs who use an ‘one size fits all’ approach. This is a surefire way to confuse clients and lead to foolhardy mistakes.
It is very important to approach every case individually – to understand the risks and options available to each client, and then to match each prospective traveler to the right visa. A strong case for admission becomes instantaneously dismissed if it is under the wrong visa program. Our immigration experts will work with you to identify the best option for your unique circumstances, and help walk you through the procedure for application.
Application: Once the right visa for you has been narrowed down and your situation assessed, you can begin the application process. You must keep in mind that the application process is incredibly intricate and very detail-oriented. With hundreds of thousands of visa applications flowing through the consulates, the smallest mistake or misstatement can be grounds for rejection – and even bar future applications. Trying to go through the process alone, or with the sole guidance of unlicensed agents and amateurs greatly increases the chances of such mistakes – and makes rejection much more likely.
Our licensed and experienced attorneys can help – working with you to send the most thorough, most accurate application possible, and sending it in the form and manner the consulates can process properly. Our trained attorneys can also work with you to obtain any waivers or affidavits needed to support your application.
Follow Up: The visa application process truly begins once your application is submitted to the consular officers. The consular officer will weigh your application, consult with required departments and officials, and then formulates a view of your case. There process usually requires a mandatory interview, regardless of visa type or application strength. Depending on the application, they may ask for further evidence or material in the form of a Request For Evidence (RFE) orders or hide additional scrutiny under the catchall ‘administrative processing’.
Our immigration attorneys can help with this follow up process – explaining the obscure processes behind the scenes, take a look behind departmental smokescreens and form responses, and work with you to ensure the application is processed as fast as possible.
Our team can help to comply with Request For Evidence (RFE) orders, communicated with the concerned officials directly, and help you through the interview process, through mock interviews or counseling.
Appeal: In case your application has been returned or rejected, there are still many possibilities to explore. There are ways to reapply – both for a similar visa, or one more likely to succeed. There may be the option to appeal the rejection, or to obtain the rationale behind the rejection for future use. We can help walk through the post-rejection process, explain your options, and follow through with the consulate.
We Can Help!
Attempting the visa application process by yourself can prove difficult without experienced legal advice. But you are not alone: we are readying, willing, and able to help you apply for the right visa with the best and smooth application possible.
Our experts can assist you with the process of applying for the right employment visa – whether in the form of guiding through the application process, immigration counseling, or helping with further requests for information and evidence. We also provide all-inclusive review services for denied applications – to help you with any appeal options or alternative application processes.
Our offices use only the most selected and qualified corporate and immigration lawyers available, trained and licensed in both the US and India. We provide these legal services through our New Delhi and Gurgaon offices, online, as well as in-person, onsite visits for larger international corporations.