American employers can bring foreign workers to work for them if they meet certain requirements. These requirements are contained in a forest of rules and regulations that can be confusing and even frustrating for many employers to follow. At Joseph & Hall, you can count on our experienced employment immigration lawyers who assist employers in the Buena Vista area to successfully tackle this complex immigration system and obtain work visas for their prospective foreign workers.
Employment-based visas are made available in two categories: temporary and permanent. The requirements differ for each category so having a good understanding of what these requirements are is the first step in ensuring that the work visa you seek for your prospective foreign worker is approved.
If the intention of the employer is to hire a foreign worker for a temporary period, then the employer should petition the United States Citizenship and Immigration Services (USCIS) for what is known as a “nonimmigrant” work visa. A nonimmigrant work visa is a visa that allows the person approved for it to come to the United States and work for the employer who petitioned for them but only for a specific period, usually three years.
A foreign worker with a nonimmigrant work visa must leave the United States at the expiration of the period unless they apply and obtain an extension of the validity period. If the validity period is not extended, then the foreign worker must either leave the country, or they must apply and change their visa to a different visa category that would allow them to remain and legally continue working for the same or different employer.
If the employer seeks to hire a foreign worker in a permanent position, then the employer will petition USCIS for the prospective foreign worker to be given a permanent work visa or “green card.” To obtain a green card based on employment by an American company, the sponsoring employer must first obtain “labor certification” from the US Department of Labor (DOL).
Labor certification is a legal document issued by the DOL that certifies that the US employer cannot find any US worker to fill the position available and that the foreign worker will be paid prevailing wages.
Going through the US immigration process to obtain an employment-based work visa is a daunting experience that many also find to be frustrating. The process is paperwork-heavy, and the paperwork must be complete and accurate. It must contain evidence that establishes that both the employer and prospective foreign worker meet the criteria for approval of the work visa sought.
Should that not be the case, one can expect without fail for the outcome to be rejection or denial of the petition or application. You can avoid all that by having an experienced immigration lawyer do what is necessary to get you approved for the work visa.
If you are in the Buena Vista area and wish to bring a foreign worker to work for you, contact us at Joseph & Hall today to schedule a consultation.
We’ve filed a case challenging the US Department of Labor over a new rule that dramatically hikes wages for H-1B, H-1B1, PERM and E-3 cases.
This case challenged the Presidential Proclamation 10014 and 10052 with respect to DV winners. The judge has certified the case as a class action …
This case challenged visa processing delays and the Trump Administration’s immigrant visa ban, Presidential Proclamation 10014.
This case features “pair[s] of star-crossed lovers” on whose lives, like Romeo and Juliet’s, a plague has wreaked havoc.
Countless people dream of becoming a U.S. citizen. If your application was rejected by the USCIS, we are here to fight for your best interests.
We assist entrepreneurs, business owners and investors with corporate immigration needs. We understand the urgency of these issues and work to solve the matter efficiently.
We provide a range of family immigration services to help you determine whether you qualify for citizenship.
Deportation can split your family apart and make the future uncertain. Build a solid legal defense alongside our immigration attorneys.
Get in touch with us. Write us a message.