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Employment immigration problems? A few things to know

A person who is adept in a specialized field -- such as athletics, medical work or research -- might travel to Florida or elsewhere in the United States to work. Having an extraordinary ability in a specialized field often creates eligibility to apply for a nonimmigrant visa through the process of employment immigration. This type of visa allows a worker to stay in the United States on a temporary basis as opposed to someone emigrating from another country to the United States in the hope of becoming a permanent resident or naturalized citizen.

U.S. employer must typically sponsor a foreign worker in order for him or her to become eligible for employment-based immigration. An employer is responsible for making sure a prospective employee has met all the requirements of eligibility to enable him or her to work in this country. Some people are not planning on coming to this country as laborers but as entrepreneurs to start businesses of their own.

These people also must apply for visas. Finally, many people are investors who are investing capital into U.S. businesses. Certain visas, such as an EB-5, are reserved for those whose investments ultimately create at least 10 full-time new jobs in a U.S. business. Knowing which visa is needed to best fit one's circumstances and goals is essential to minimizing complications and delays.

If an employment immigration problem arises, it might occur on either side of the issue, meaning with a prospective Florida worker, entrepreneur or investor, or with a U.S. employer who is sponsoring an employee. Such problems may not only stall the process but can wind up resulting in visa denials. This is why it is always best to seek clarifying of all U.S. immigration policies and guidelines ahead of time to help avoid legal problems down the line.

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