Navigating the U.S. immigration system can be a daunting experience for anyone seeking a visa or some other benefits from the agencies that enforce the law. For an employer who has other business matters to focus on but has a need for immigration services, it is an easy decision to simply retain and rely on the services of an experienced and skilled Denver area employment immigration attorney to handle their employment visa needs.
One of the areas of immigration law one must navigate is deciding which employment visa is suitable for the position that needs to be filled for which there are no American workers or one for which the non-citizen has more suitable skills.
The range of options an employer has in deciding for which visa to apply, and matching that with the qualifications of the prospective employee, is wide and deep. At Joseph & Hall, PC, there is always an experienced employment immigration attorney available to consult with you as the employer to explore these options with you.
A decision that we can help you to make is whether you should seek a temporary or permanent work visa for your prospective employee. A temporary work visa will only allow the prospective employee to work for you for a predetermined period, with some possibility of a one-time extension. After that period is over, the employee will be required to return to their native country unless they change their status to another visa category that would extend their stay and authorization to work.
A permanent work visa – as the term suggests – is a visa that allows the prospective employee to be given a green card based on your offer of employment. However, before they receive their green card, there are several things you must do as the prospective employer, including first obtaining what is known as “labor certification” from the U.S. Department of Labor.
An experienced Denver employment immigration attorney will guide you through the labor certification process, complete with what needs to be done and how to go about it.
Whether you seek a temporary work visa or permanent work visa for your prospective non-citizen employee, the process is generally the same, except in the case of a permanent work visa, you will have to first obtain the labor certification unless this requirement is waived for a prospective employee who meets the criteria for a waiver.
In either case, you will need to file a petition with the United States Citizenship and Immigration Services (USCIS) seeking to classify your prospective employee as one eligible for a visa under the category you file. If the petition is approved, then the prospective employee can apply for the visa at a U.S. consulate in their native country or any other U.S. consulate which agrees to process their paperwork.
Going through the immigration process is paperwork heavy, and the paperwork must be meticulous, fully responsive, and error-free. If you are contemplating hiring a non-citizen in the Denver area, contact our office today to discuss your options and the best way forward in your individual case.
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