Under U.S. immigration and labor laws, American employers are allowed to hire and bring foreign workers to work for them but only after complying with various requirements. These requirements are contained in a maze of rules and regulations that many employers are simply not able to follow, or they get frustrated and look for other options than hiring foreign workers.
At Joseph & Hall, we have experienced employment immigration lawyers who help employers in the Buena Vista area to successfully navigate this complex immigration system and work visas for their prospective foreign workers.
Employment-based visas are available in two categories: temporary and permanent work visas. The requirements for each category are different, so understanding what these requirements are is the first step in making sure a work visa can be successfully pursued.
If the employer intends to hire a foreign worker for a temporary period, then the employer can petition the United States Citizenship and Immigration Services (USCIS) for what is referred to as a “nonimmigrant” work visa. A nonimmigrant work visa is one that allows the prospective foreign worker to come to the United States and work for the petitioning employer for a specific period.
At the end of this fixed period, the foreign worker with a nonimmigrant work visa is required to leave the United States, unless they apply and obtain an extension of the validity period. If the visa is not extended, then the foreign worker must either leave the country, or they must change their visa to another visa category that would allow them to remain and legally work.
If the employer’s intention is to hire a foreign worker to permanently work for them, then the employer will need to petition USCIS for the prospective foreign worker to be given a permanent work visa or “green card.”
For some categories of temporary and permanent visas, the sponsoring employer must first obtain what is known as “labor certification” from the U.S. Department of Labor (DOL). Labor certification is a certification that the employer cannot find a suitable U.S. worker or workers to fill the position available and that the foreign worker will be paid prevailing wages.
Going through the U.S. immigration process to obtain any visa is a daunting process. and more so in obtaining an employment-based work visa. The process is paperwork-driven, and the paperwork that is required to be filed must be complete, accurate, and must contain evidence that both the petitioning employer and prospective foreign worker meet the criteria for approval of the work visa.
If this is not done, the result can be a rejection of the petition or application. To avoid all that, it is imperative to simply have an experienced immigration lawyer do the necessary and get you approved for the work visa.
If you are in the Buena Vista area and wish to petition for a foreign worker, or you are the foreign worker in need of help in obtaining a work visa, contact Joseph & Hall P.C. to schedule a consultation.
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