American employers are allowed to petition the United States Citizenship and Immigration Services (USCIS) to get approval to hire a foreign worker or more. If approved, the foreign worker would need to go through an immigration process that starts with the American employer’s filing of the petition with USCIS. The process is tedious and can often be frustrating for many. At Joseph & Hall, we routinely help employers in the Aurora area seamlessly navigate the complex immigration system and obtain a work visa for their prospective foreign workers.
US immigration law divides employment-based work visas into two broad categories: immigrant and non-immigrant visas. Each of these categories has specific requirements that must be satisfied before USCIS approves a petition to have a foreign worker apply for a visa in either of those categories. Which type of work visa a company should seek for their prospective employer depends on the employer’s needs, and specifically whether the need is temporary or permanent.
If the employer’s need for workers is permanent and they are unable to find American workers to do the work, then they would normally seek a permanent work visa for the foreign worker. A permanent work visa is, in fact, a green card given to the foreign worker if both the employer and foreign worker meet certain requirements.
One of the requirements that must be met before a foreign worker is approved for a green card is the employer must first demonstrate they are unable to find American workers to do the job. This is done by the employer applying and obtaining what is known as “labor certification” from the US Department of Labor (DOL).
The labor certification is verification by DOL that the employer is unable to find qualified American workers to take the available position and that the foreign worker will be paid prevailing wages.
In some cases, it may be possible for the employer or foreign worker to skip the labor certification process, but this is for rare cases, such as where the foreign worker has extraordinary abilities and qualifications.
An experienced employment immigration lawyer in Aurora can evaluate the foreign worker’s qualifications and experience and advise whether proceeding without the labor certification is appropriate.
If the employer has a temporary or seasonal need for workers, they cannot find American workers to do the work, and they wish to hire foreign workers, then the more suitable work visa to obtain is a temporary or non-immigrant work visa. A temporary or non-immigrant work visa is a visa that allows a foreign worker to enter and work in the United States for a specific period.
There are many types of these temporary work visas available, but the most common is H1 which is a visa for those workers to be employed in a “specialty occupation,” which is defined by law to be an area of employment that requires “highly specialized knowledge” and possession of at least a bachelor’s degree.
If you are in the Aurora area and seeking an employment work visa, contact us today to discuss how we can help you. Joseph & Hall has experienced immigration attorneys who can assist you.
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