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Immigration can be a complicated, and at times incendiary, topic. Often a great deal of misinformation gets passed off as fact, and it can be difficult for ordinary workers, immigrants and employers to sort it all out.

Understanding the processes put in place by the Federal government to ensure businesses have access to the skilled workers they need to operate profitability and grow their firms is a good place to start. The worker visa program has been put in place to help companies find the skilled workers they need by bringing employees with those needed skill sets in from other nations.

What Does a Petition Mean?

The two main categories of work visas, known as H and L visas, require that the company requesting the visa file a petition with the United States Citizenship and Immigration Services, also known as USCIS. This is the organization formerly known by the initials INS.

Once the USCIS receives the petition for a worker, the agency reviews the education, training and background of that worker to make sure she or he qualifies for a work visa. The most common type of visa issued in this situation is the H1B, or skilled worker, visa.

Changing Jobs

Once a worker is on an H1B visa, he or she is free to change jobs, even though the original employer is the one who filed the petition to bring the worker over. The only caveat is that the United States Citizenship and Immigration Services department must be notified of the change of position. It is the responsibility of the worker holding the H1B visa to notify USCIS of any change in employment status.

Returning Workers

Workers who have worked on H1B visa programs before and are returning to work must schedule a visa appointment in their home countries. Those workers should contact their local consulates for information on the closest venue for these appointments. The non-immigrant visa appointment must be completed before a new work visa can be issued.

Involuntary Terminations

If a worker who is in the United States on a work visa is fired or laid off from his or her job, that individual has a short period of time in which to secure new employment. After securing a new job, the individual must notify the Federal government and have that new job approved. In order to be approved the new job must utilize the skills, education and training used to justify issuing the H1B visa in the first place. If the new job fails to meet these requirements, or if the worker fails to find new employment, he or she will be required to return to their country of origin.

Call 888-744-7750 today to speak with an experienced immigration attorney that can assist you with your needs.