Navigating the Complex World of Employment-Based Visas in Texas: Opportunities and Pitfalls

Obtaining a Visa Is Rarely a Simple Process

There’s nothing simple about getting a visa to stay in America. In fact, the country’s entire immigration system is complicated. Processes are difficult, and laws can change overnight. Even workers in the country experience problems. As it turns out, there are both opportunities and pitfalls with employment-based visas in Texas.

Even though obtaining a visa is considered simpler than seeking citizenship, you could still end up waiting a long time to be approved. This can create significant hurdles for those who have been offered jobs or are seeking employment. This is why it’s so important to understand both the challenges and opportunities available — along with how to simplify the process.

Opportunities Created by the Economy

There is significant opportunity for those seeking employment-based visas in Texas. While trying to get such a visa in other states may offer some advantages, few areas in America offer as many opportunities as the Lone Star State. This is thanks to the Texas economy. Our state has a robust economy. In fact, several industries have seen incredible growth in recent years:

• Energy
• Technology
• Healthcare
• Agriculture
• Finance

Most of these industries offer substantial employment opportunities for skilled workers, but the agricultural sector also makes Texas appealing for unskilled laborers. It’s also the case that Texas offers a tremendously beneficial environment for businesses. Business-friendly regulations make it a top destination for entrepreneurs and investors.

Fortunately, the economy is not the only factor offering opportunities for those navigating the complex world of employment-based visas in Texas.

Diverse Visa Opportunities

It’s easy to fall into the thought process of thinking there’s only one path to entering America. In reality, immigrants come into the country by means of various processes. From family immigration to crime victim protection, the options are many. Even among those hoping to secure a work visa, there are diverse opportunities for doing so.

To understand all the opportunities for employment-based visas in Texas, one only needs to consider how many visa types are available:

• H-1B Visa: This offers opportunities for those seeking employment where a bachelor’s degree or higher is required
• L-1 Visa: These target individuals with specialized knowledge or who are being moved into executive or managerial positions via intra-company transfers
• E-2 Visa: Investors who are putting a substantial amount of capital in an American business can enter the country if they come from treaty nations
• O-1 Visa: Those who have extraordinary ability in education, arts, sciences, athletics, or business may qualify for this visa
• EB-1 Visa: These target priority workers — including outstanding professors and researchers, multinational executives, and individuals with extraordinary abilities
• EB-2 Visa: Individuals with exceptional abilities or who hold advanced degrees may qualify
• EB-3 Visa: This visa category covers professionals, skilled workers, and other employees

Clearly, there is no shortage of potential work-based visas that a person can access to come into America. This is why it’s important to consider all your options. By speaking with an immigration attorney, you can figure out which visa is right for you. A legal professional can also help you avoid pitfalls — which can sometimes overshadow the benefits of immigration.

Potential Pitfalls

Navigating the world of employment-based visas in Texas offers many advantages for those who are successful. Unfortunately, a variety of pitfalls can make such success a difficulty. However, understanding these pitfalls in advance gives you the opportunity to potentially avoid them. When seeking a work visa in America, keep the following potential challenges in mind:

Visa Caps and Lottery

Just because someone meets all the qualifications of an employment-based visa doesn’t necessarily mean they’ll receive one. That’s because certain visa types — such as the H-1B — have annual caps and utilize a lottery system. This can make it uncertain that an applicant will be approved. Such issues can make considering a different visa type beneficial.

Complex Application Process

Even if you’ve got a great job lined up, the American immigration system makes securing a visa complicated. The application process is complex and involves a variety of forms, required documentation, and adherence to strict guidelines. Deviating from these requirements in the smallest way can result in significant delays or even denials.

Changing Immigration Policies

If you’ve paid attention to American politics lately, you know that there is great tension involved. Politicians are constantly trying to best each other — often to the detriment of real people. Immigration policies can change overnight, and a single election can upend everything. Keep this in mind as you navigate the process.

Labor Certification

Certain employment-based visas in Texas — particularly EB-2 and EB-3 — require a worker to be labor certified by the Department of Labor. This can be a lengthy and challenging process, and it requires evidence that no U.S. workers are qualified and available for the position.

Green Card Wait Times

For many employment-based green cards, the wait time can last for years. This can vary depending on America’s visa backlog and the applicant’s country of origin. Fortunately, there are some ways to minimize the effect of this pitfall, along with several others.

Improving Your Odds of Securing a Visa in Texas

While the pitfalls of navigating the employment-based visa system in Texas are many, there are ways to avoid such difficulties. At the very least, you can bypass easily avoidable mistakes. This starts with understanding the visa types available to you, which is best in your situation, and staying informed with the most up-to-date information on immigration policies.

You should also start the visa application process well in advance of your intended start date. The risk of unexpected issues arising is always present. By getting started early, you will give yourself more time to deal with any of these problems. Finally, always stay organized and keep meticulous records of all application materials, documents, and correspondence.

However, it may be most beneficial to simply secure legal assistance. Whether you’re seeking a temporary or permanent work visa, an experienced immigration attorney can prove invaluable. At Badmus & Associates, our team of dedicated legal professionals is here to help. Contact us at 214-393-4917 to discuss your options.