American employers are allowed to recruit and hire foreign workers to work for them if certain requirements are met. The immigration process to accomplish this varies, depending on whether the employment is temporary or permanent. At Joseph & Hall, we have experienced employment lawyers who help employers in Carbondale to successfully go through the complex immigration process to apply and obtain a work visa for their prospective foreign workers.
Employment-based immigration is divided into two broad categories, and these are nonimmigrant and immigrant visa categories. The first thing an employer must decide is under which of these two broad categories the employer should pursue documentation for their prospective foreign worker. Even after deciding under which of the two broad categories to proceed, the employer must also decide under which sub-category within the broad category the employer is to best proceed.
At Joseph & Hall, we help and guide employers in making these critical decisions based on our experience and thorough understanding of the law and requirements, which spares the employer from applying for the wrong work visa and getting denied. We also handle a variety of other immigration issues, including asylum, naturalization, deportation defense and appeals, DACA, green cards, and so on.
An employment-based visa can mean lawful permanent residency (green card) given to a prospective foreign worker who is sponsored by an American employer. To sponsor a noncitizen for a green card, the employer must first obtain what is known as “labor certification” from the US Department of Labor (DOL).
Labor certification is verification by DOL that there are no American workers to be hired for the position offered to the foreign worker. To obtain the labor certification, the employer must provide proof to the satisfaction of the DOL that they made the efforts required under the law but were unable to find an American worker to take the job offered to the foreign worker.
If the DOL is satisfied that the requirements for labor certification are met, then the agency will issue the labor certification. Upon receiving the labor certification, the employer can then petition the United States Citizenship and Immigration Services (USCIS) to approve a green card for the foreign worker.
An American employer who only has a temporary or seasonal job available should apply for a nonimmigrant visa. A nonimmigrant visa is approved only for a limited period, meaning the foreign worker can only work for the American employer for a limited period, after which they must return to their native country or otherwise leave the United States before or by the expiration date of the nonimmigrant visa.
There are many types of these nonimmigrant visas available for those qualified, but the most common are H1 and L1. The holder of these nonimmigrant visas can also apply to change their status to that of green cards if the relevant requirements are met.
If you are an employer in the Carbondale area and need an employment immigration lawyer, contact Joseph & Hall today and schedule an appointment to learn how we can help you.
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.