Duties Of A Work Visa Attorney
Troubled by the complicated process of work visas and are unsure if you should hire a work visa attorney? Want to know a little more about how a work visa attorney can help you?
If you are planning on getting an employment visa in the United States, it is crucial to understand your legal rights and obligations. Employment and immigration lawyers can help individuals navigate this process by providing advice on immigration laws, filing documents with the government, negotiating settlements, and representing their clients during court proceedings if necessary.
Table of Contents
- Responsibilities Of Work Visa Attorney
- How To Find A Good Immigration Lawyer For Your Case?
Responsibilities Of Work Visa Attorney
Let’s look at the primary responsibilities of a work visa attorney.
Advise On Legal Rights And Obligations
A work visa attorney advises clients on their legal rights and obligations. They have the necessary training to guide clients on the best way to proceed with their case to have a positive outcome.
A work visa attorney advises their clients on:
- The merits of their case – whether or not an employer has violated any laws in hiring them (for example, if an employee was discriminated against due to their race or gender).
- Possible outcomes – what happens if we win our case? What happens if we lose? How long do we have until our visa expires? Will there be any penalties associated with losing this case? Employment and immigration lawyers review all the risks of a work visa, letting their clients know their legal options.
Communicate With Clients And Immigration Officials
One of the significant responsibilities of employment and immigration lawyers is maintaining a constant level of communication. Here, communications mean to:
- Communicate with clients and immigration officials regularly.
- Provide advice regarding the best options for their client’s case and how they can help them achieve their goals.
- Ensure all documents are correctly submitted, including any required forms or applications.
File Legal Documents On Behalf Of Clients
Work visa documents can be complex, and you can risk a visa rejection if you’re not careful. If you’re applying for an H1B visa, an H1B visa attorney can help you with:
- Prepare and file immigration applications.
- File petitions for review.
- File appeals for review.
- File motions to reopen cases or dismiss claims based on new evidence or other grounds (such as failure to state a claim).
- Where applicable, file petitions for relief from removal (e.g., asylum); these are filed with the United States Citizenship and Immigration Services (USCIS). The attorney must have an appointment with USCIS to file them; however, most attorneys can file them online at their website’s form page if they have access rights.
While working in a foreign country, such as the United States, there is a possibility of becoming a victim of workplace harassment or discrimination. If you’re a victim of any unfortunate incident, an H1B visa attorney can fight for your rights and:
- Negotiate with employers and immigration officials.
- Negotiate with clients and their families.
- Negotiate with other lawyers, law firms, government officials, judges, and juries.
In addition to negotiating settlements on behalf of clients who have been accused of visa fraud or other violations related to work visas (such as H1B), an attorney may also assist in the negotiation process.
They can help their client’s employer determine whether they should be fired from their job if they have committed visa fraud by overstaying their authorized period of stay in America while working under another person’s name without permission from that individual’s employer.
Manage Business Activities For The Law Firm
Besides representing their clients, a work visa attorney is responsible for managing the firm’s finances, business activities, human resources, and marketing. The lawyer or firm may also be in charge of public relations and other areas related to their practice.
The main tasks of managing these areas include:
- Managing finances (including paying bills on time)
- Managing business activities (including keeping track of client files)
- Managing human resources (handling staff and dealing with employee issues)
- Managing marketing campaigns
Represent Clients In Court Proceedings
Not all cases end up in court, but when a person is facing a court proceeding, a work visa attorney will need to represent them in the following areas:
- Immigration court: This is a hearing where the government can deport an immigrant based on an immigration violation or criminal offense. A person may be able to get removed from the United States if they have been convicted of an aggravated felony or have been charged with one.
- Criminal court: If a person is accused of committing a crime illegally in this country, they could face deportation proceedings through federal prosecution by Immigration and Customs Enforcement (ICE). An H1B visa attorney must know what crimes qualify under these circumstances to prepare their client’s case accordingly!
How To Find A Good Immigration Lawyer For Your Case?
Here are a few ways you can find a great immigration lawyer that fits your needs:
- Referrals: The best place to start is to ask your family and friends if they know of an attorney to help with your work visa, employment issues, or immigration. If they know of a different practice area attorney, that’s an excellent place to start, as these attorneys can refer you to relevant experienced lawyers.
- Reach out to the bar association: Whether you’re in California or any other part of the United States, you need to reach out to the state bar association that can assist you in finding the right attorney.
- Search online: There are many legal directories where you can get the contact details of attorneys. However, make sure to check out their reviews and their client’s personal experiences before booking a consultation.
In this article, we’ve discussed the duties and responsibilities of an employment visa attorney. If you are considering hiring one for your case, we recommend that you do your research on the lawyer or firm before making a decision.
While many lawyers specialize in immigration law, not all of them will have this experience or expertise in federal immigration classifications such as H1-B visas. It can make it difficult for some people to find a work visa attorney who truly understands their situation and can provide adequate representation during court proceedings.