When your company has hired a foreign national and everything is going well, it will eventually be time to think about work visa extensions. In most cases, requesting and extending the work visa is the employer’s responsibility. This can be complicated with minimal to no room for error. Hiring a business immigration attorney will make the extension application process less stressful and ensure that everything is done correctly.
Most nonimmigrant work visas that apply to professionals are extendable. Many of the requirements for extending a work visa are based on the employee’s situation. They need to have followed all of the conditions and requirements of their visa and not committed any crimes that would affect their visa eligibility. Their passport also needs to be valid through at least the end of their extended visa period.
Timelines will depend on the specific type of visa. For example, professionals can work on H-1B visas for up to three years, and this can be extended for up to six years. In some cases, these visas can be extended past six years. Regardless of the type of visa, U.S. Citizenship and Immigration Services recommends applying for an extension at least 45 days before the initial visa expires. Companies should review visa extension requirements with their foreign national employees well in advance to ensure plenty of time for renewing passports or gathering other documents.
Most employers will need to file Form I-129 to request a work visa extension. This is the same form the company would have used to petition for the initial visa. The form asks for basic information about the company and the employee and has different supplemental sections depending on the specific type of visa being extended. The employer will need to indicate whether the employee’s job title or responsibilities have changed since the initial application. Depending on which additional sections need to be completed, the company might also need to provide information about its products and services or ownership structure.
An important part of the process is paying the correct filing fee. If the fee is incorrect, the form will automatically be rejected even if it is an overpayment. This delays the visa extension and requires the company to pay the filing fee again. Nonprofit organizations and small employers qualify for reduced visa fees, so companies need to check which fee applies to them.
Forms I-129 need to be completed on paper and mailed in. The mailing address depends on the type of visa. Some applications are processed in different locations based on the employer’s main office location, so the form needs to go to the correct regional hub.
Work visa extensions allow foreign national employees to stay at your company longer. The information a company needs to provide when requesting an extension is usually relatively straightforward, but filing the paperwork correctly can be difficult. For most companies, hiring an attorney to help with this process is ultimately more cost-effective than learning to do it themselves. Klug Law Firm has the expertise you need. Contact us to discuss your work visa extensions and other immigration needs today.
