Successfully navigating the complex U.S. immigration system requires one to follow a maze of rules, regulations, and procedures that are often confusing or hard to follow. If you are an employer and wish to hire a foreign worker, it is best to have the help of an experienced employment immigration lawyer. At Joseph & Hall P.C., we have experienced immigration lawyers who help employers in the Commerce area to obtain work visas for their prospective noncitizen employees.
Employment-based immigration is divided into five broad categories, which are nonimmigrant visas, permanent visas, student and exchange visas, and temporary visas for business. Of these categories, the first two are the most sought-after, and their general requirements are as follows:
A nonimmigrant work visa is a temporary work visa that allows the person approved for it to enter and work in the United States for a fixed period. To obtain the visa, the employer must first file a petition with the U.S. Citizenship and Immigration Services (USCIS) unless the person applying for the visa is “self-petitioning.” Self-petitioning refers to situations where the person applying is so highly qualified an offer of employment is not required.
Once USCIS approves the petition, the prospective employee must then apply for nonimmigrant work at a consulate in their native country. If the prospective employee is already in the United States in some other valid legal status, they can apply to change that status to the new nonimmigrant visa status.
These nonimmigrant visas are available in many categories, and each has different requirements. Our experienced immigration lawyers at Joseph & Hall P.C. can help you, as an employer or prospective employee, to figure out which one of the various visas is most suitable, given your needs and qualifications.
When you are approved for any of the nonimmigrant work visas, your spouse and child or children can also apply and obtain their own visas based on the family relationship. Among these nonimmigrant visas, the most common are H1B, I, L, O, P, and R visas.
For noncitizens with certain job skills and qualifications, there are approximately 140,000 employment-based permanent work visas or “green cards” available each year they can apply for. Most of these employment-based green cards require an offer of employment from an American employer who has obtained what is known as “labor certification” from the U.S. Department of Labor (DOL). The labor certification verifies that there are no American workers to take the job being offered to the foreign worker. The DOL also verifies that the foreign worker will be paid prevailing wages.
Once the labor certification is approved, the employer can file a petition with USCIS, which the foreign worker can use to apply for a green card if the petition is approved.
If you are in the Commerce City area and wish to pursue an employment-based immigration visa, contact our office today and schedule an appointment to learn how we can help you in applying and obtaining the visa.
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