Work Visa Attorney in Tampa

At American Dream Law Office, PLLC, we provide affordable, high-value legal services to help you secure your work visa with confidence. With flexible consultation options, including in-person, phone, and virtual meetings, we make communication as convenient as possible. Led by Attorney Ahmad Yakzan, who has firsthand experience navigating the immigration process, our immigration law firm offers tenacious representation and comprehensive knowledge of U.S. immigration law. From Tampa to anywhere you need support, we are committed to fighting for your success. Contact American Dream Law Office, PLLC now to take the next step toward achieving your professional goals in the United States.

Get comprehensive legal guidance from an employment visa attorney in Tampa you can trust at American Dream Law Office, PLLC. Call (813) 499-1250 or contact us promptly to schedule your consultation. Se habla Español.

About Employment-Based Immigration Visas

The Immigration and Naturalization Act (INA) allows for employment-based immigrant visas. Eligibility for these visas depends on the person’s background, education, employment history, and type of employment. There are five categories that allow such classification. Some of these categories require a labor certification from the Department of Labor, and some do not. We will discuss four of these categories on this page.

First Preference Category (EB-1) for Extraordinary Abilities

Aliens with Extraordinary Ability INA 203(b)(1)(A): This immigrant visa is available for immigrants with extraordinary ability in the sciences, arts, education, business, or athletics. These individuals must have attained national or international acclaim through extensive documentation. They must seek entry to continue their work in the field of extraordinary ability. Lastly, the entry of these individuals would benefit the United States. Even though the regulations do not require this, documentation of such benefit may be beneficial. These individuals do not need an employer but must intend to continue their work in the United States. INA §204(a)(1); 8 CFR §204.5(h)(5). Congress intended these visas for a small percentage of persons who have risen to the very top of their field of endeavor.

 Evidence must include:

1. Evidence of one-time achievement such as a major internationally recognized award (Nobel Prize); or
2. Documentation of any three of the following:

• Receipt of lesser nationally or internationally recognized prizes or awards;
• Membership in an association in the field for which classification is sought, which requires achievements by its members;
• Published materials about the person in professional or major trade publications;
• Participation as a judge of the works of others;
• Evidence of original scientific, scholarly, artistic, athletic, or business-related contributions;
• Authorship of scholarly articles in the field;
• Artistic exhibitions or showcases;
• Performance in a leading or critical role for organizations or establishments that have a distinguished reputation;
• High salary or remuneration in relation to others in the field;
• Commercial success in the performing arts.

Submission of evidence proving three of these categories is not dispositive, and the United States Immigration & Naturalization Services must still make a final determination of eligibility. The burden of proof is on the applicant and must be shown by a preponderance of evidence. Matter of Chawathe, 25 I&N Dec. 369 (AAO 2010).

Outstanding Professors and Researchers: Recognizing Academic Excellence

These immigrants must be recognized internationally as outstanding in a specific academic area. They must stand apart through distinction based on international recognition. The person must have three years of experience in teaching or research in their area. Experience in teaching while attaining a degree might be used if the person attains it. 

The individual must seek entry for one of the following reasons:

• A tenure or tenure-track position within a university or institution of higher education;
• A comparable position at a university; or
• A comparable position to conduct research for a private employer, if the latter employs three full-time researchers.

Employment Criteria for Professors & Researchers

• Receipt of major prizes or awards;
• Membership in an association that requires outstanding achievement;
• Published materials in professional publications written about the applicant;
• Evidence of judging the work of others;
• Evidence of original scientific research;
• Authorship of articles or books in the field.

Under 8 CFR §204.5(i)(2), a full course of study is defined as a body of specialized knowledge offered for study at United States Universities. USCIS would employ the same process mentioned above to determine eligibility. The employer must have the ability to pay the employee.

Multinational Executives and Managers: Defining Managerial Excellence INA §203(b)(1)(C):

The immigrant must have been employed abroad for one year (in the last three years) by a firm, corporation, or other legal entity or an affiliate or subsidiary. Affiliates include entities owned and controlled by the same group of individuals in approximately the same percentages. 8 CFR §204.5(j)(2). Subsidiaries can be joint ventures if they have equal control and veto power. The petitioner must show the corporate relationship and that the company will continue to exist after the beneficiary immigrates. The beneficiary must come into the United States to continue working for the same employer. The company must have been doing business in the United States for one year.

Key Responsibilities for Managerial Capacity

• Manages the organization, department, subdivision, function, or components;
• Supervises and controls the work of other supervisory, professional, or managerial staff;
• Has the authority to hire and fire employees and other subordinates; and
• Exercises discretion over the day-to-day operations of the activity or function.

Executive Capacity: Leading with Vision & Strategy

• Directs the management of the organization;
• Establishes goals and policies;
• Exercises wide latitude in discretionary decisions; and
• Receives only generalized supervision or direction from high-level executives, the board of directors, or stockholders.

Second Preference (EB-2) INA §203(b)(2): Advanced Degrees & Exceptional Abilities

This preference category is for members of the professions holding advanced degrees or immigrants with exceptional abilities. The advanced degree must be higher than a bachelor’s degree and could be met by a Bachelor’s Degree and work experience.

Criteria & Benefits of EB-2

The position that the beneficiary would occupy must require an advanced degree ,and the person must possess the qualifications. A professional is defined in INA §101(a)(32). National Interest Waivers are available for people who would enrich the United States. People whose jobs are on Schedule A do not have to test the labor market and do not have a job offer at the time of adjudication of the I-485. Bachelor’s Degree plus five years of experience:

A Bachelor’s Degree with five years of progressive experience is equivalent to a Master's Degree. 8 CFR §204.5(k)(3)(i)(B). Congressional intent shows that a person with this combination has the equivalent of an advanced degree. USCIS policy is that the BA cannot be met by a combination of experience and education, but can be met by a combination of education. The five years of progressive experience must involve more responsibility and knowledge in the field of specialty.

Our qualified work visa lawyer is here to assist you. Call (813) 499-1250 or use our online form to schedule your initial consultation without delay.

Definition of Exceptional Ability: Recognizing Top Talent

Exceptional ability is defined as a degree of expertise significantly above the level ordinarily encountered. Matter of Kim, 12 I&N Dec. 758 (AV 1968).

 The applicant must show proof of three of the following:

• A degree related to the area of specialty;
• Letter from employers showing 10 years of experience;
• Licenses to practice a profession;
• The applicant commanded a salary demonstrating exceptional ability;
• Membership in a professional association; and
• Recognition for achievement and significant contributions to the industry.

Comparable evidence might be submitted, including expert opinion letters. 8 CFR §204.5(k)(3)(iii). This includes athletes and entertainers. The two-step process in Kazarian is used to show exceptional ability.

National Interest Waivers (NIW): Making a Difference

A National Interest waiver is available under INA §203(B)(2)(B). The employer or the applicant can sign the petition. Matter of Dhanasar, 26 I&N Dec. 884 (AAO 2016). To qualify for the waiver, the beneficiary must submit an ETA-9089 with a statement supporting the waiver claim. 8 CFR §204.5(k)(4)(ii). The waiver is only available for EB-2 petitions. In Dhanasar, the AAO issued new categories for the waiver. Under the ruling, the applicant must show 1) the proposed endeavor has national importance and substantial merit; 2) he or she is well-positioned to advance the endeavor; and 3) it would be beneficial for the United States to waive the labor certification. Dhanasar, at 889 no. 9.

National Interest Waivers for Physicians

Physicians may qualify for a Physician National Interest Waiver (PNIW). International medical graduates (IMGs) are precluded from entering the United States. However, the ground of inadmissibility does not apply in these situations:

1. The applicant possesses a certificate from the Educational Commission on Foreign Medical Graduates, is competent in English, and has passed the clinical skills assessment examination.  8 CFR §214.2(h)(viii)(B);
2. A doctor of international or national renown;
3. Not entering the United States to become a doctor, including professors, persons entering under another preference category, or when he or she enters as an asylee.

Under INA §203(b)(2)(B)(ii), if the physician is entering the United States under an offer of employment, the physician must obtain a labor certification or a national interest waiver. Some physicians may work in an underserved area to overcome the J-2 two-year requirement. To obtain this benefit, the physician must show 1) he or she must work in a health shortage area or for the VA; 2) a federal or state agency must determine that the employment would be in the national interest; and 3) must work in the area for five years before they become eligible for adjustment of status or immigrant visa. 8 CFR §214.2(a)-(c).

A foreign medical graduate may also apply under the regular labor certification process. 8 CFR §214.2(a)-(c).

Third Preference Employment Category (EB-3): Skilled & Professional Workers

This category includes three types of immigrants:

1. Professionals: Holders of a Baccalaureate degree or foreign equivalents and professionals;
2. Skilled workers: Immigrants with full-time job offers requiring at least two years of training or work experience;
3. Other workers.

EB-3 Process & Requirements

A labor certification is needed for these immigrants. A National Interest Waiver is not available, but some of these occupations may fall under Schedule A.

Fourth Preference (EB-4) Special Immigrants: Unique Categories

This category includes several immigrants, including returning residents, persons reacquiring United States citizenship, and religious workers.

Returning residents are those who did not abandon their residence but do not have a valid I-551 card. The resident would file form DS-117 with all supporting evidence to show that they did not abandon their residence. They would be issued an SB-1 Immigrant Visa. This category also includes commuters from borders who are Lawful Permanent Residents living in Canada or Mexico and commuting to the United States. Time spent outside on commuter status does not count for naturalization purposes.

Religious Workers: Commitment to Faith-Based Service

• For two years immediately preceding the petition, has been a member of a recognized religious denomination with a bona fide non-profit religious purpose;
• The person seeks to enter the US to work for at least 35 hours as a minister or religious worker; and
• The person has been working as a minister or in a religious vocation in the United States or abroad for at least two years immediately preceding the petition. The two years do not have to be in legal status. Once the two years are established and the I-360 is approved, the person may adjust if they have been out of status for less than 180 days. Some breaks in the two years are allowed as long as 
  • 1) the applicant was still employed in a religious denomination, 
  • 2) the break did not exceed two years 
  • 3) the purpose was to further religious education 
  • 4) the applicant was still a member of the denomination. The employment must be either full-time or continuous. To meet the two-year requirement, the person should have been compensated.

Special Immigrant Juveniles: Protecting Young Vulnerables

This is a hybrid between state dependency laws and the immigration laws of the United States. The requirements for this type of classification are as follows:

1. The child has to be under 21 at the time of filing the I-360;
2. Has been declared dependent by a state court before turning 18;
3. For whom reunification with one or more parents is not a viable option; and
4. It is in their best interest not to return to the parent’s country of citizenship.

Tampa Employment Visa Insights & Local Services

Tampa's thriving economy has transformed the city into a magnet for international talent, particularly in industries like healthcare, finance, and technology. The demand for highly skilled professionals in Tampa is on the rise, driven by the city's rapid economic expansion and competitive industry sectors. As businesses seek to fill specialized roles, the requirement for employment visas like the H-1B and L-1 becomes increasingly significant. The robust local job market supports numerous employment visa applications. Employers are more inclined to sponsor foreign workers to retain and attract the talent necessary for their economic growth. Furthermore, the local government has shown support for various initiatives to streamline visa processes, making Tampa an ideal location for international professionals seeking career advancement in the U.S.

Connect with an experienced work visa attorney in Tampa as soon as possible. Dial (813) 499-1250 or submit an online form.

Work Visa FAQs

Why Choose a Tampa-Based Work Visa Attorney?

Choosing a local work visa attorney ensures you have access to someone who understands the specific immigration landscape of the Tampa Bay area. A Tampa-based attorney will be knowledgeable about the local job market, which is beneficial for employment visa applicants. Furthermore, engaging with someone local means easier access to in-person consultations and working with a practitioner who is familiar with regional and state laws that could impact your visa process. Many clients find comfort in knowing their attorney lives and works in the same community. This localized understanding strengthens the attorney-client relationship, providing a personalized touch that can be incredibly valuable during the complex visa application process.

What Are the Latest Trends in Employment Visas in Tampa?

Tampa has been experiencing robust growth in sectors like healthcare, finance, and technology, which has fueled demand for skilled international workers. The city’s tech hub is expanding, and companies are increasingly seeking foreign IT professionals. With Tampa's proximity to Latin America, there is also a significant influx of professionals in bilingual roles. Employers are more frequently utilizing H-1B visas to attract talent for specialized roles, as well as L-1 visas for managerial positions within multinational companies. Understanding these trends can help applicants align their skills with the demands of the Tampa job market, making it easier to secure an employment visa with the guidance of a well-informed attorney.