American employers are allowed under US immigration and labor laws to bring foreign workers to work for them. However, the process of getting visa approval for these foreign workers can be daunting and often frustrating for many employers and their prospective foreign workers. At Joseph & Hall, we only practice immigration law and are very effective in helping employers in the Denver area to successfully navigate the complicated immigration process.
An American company or employer that wishes to hire non-citizens must go through a complicated legal process that involves the United States Citizenship and Immigration Services (USCIS) and State Department. The American employer can only legally employ a foreign worker after the process is completed and the foreign worker is approved for a work visa.
There are two categories of work visas: temporary and permanent work visas. A temporary work visa is a visa that allows the holder to enter the United States and work for a limited time, usually three years.
The work visa expires after that initial period, and the visa holder is required to return to their native country or risk being deported. In some cases, it may be possible to extend the validity of the work visa but only one time.
After expiration of any such a renewal, the visa holder must leave the United States, change their status to another visa category that would allow them to remain and work in the United States, or remain in the US illegally.
Most people would not want to remain in the United States illegally, so they either leave the country or they find alternatives that would allow them to remain and legally work in the United States. An experienced immigration attorney can review your situation and help in guiding you in doing what is right and necessary to maintain your legal status.
There are many types of visas available under the temporary visa category, including H1B, H2B, H-2A, L1A/B, and many others. Which one is suitable for you as an employer or foreign worker depends on your individual circumstances and facts.
The other category of work visa is the permanent work visa. A permanent work visa is a green card that is obtained through employment. To obtain an employment-based green card, both the employer and prospective foreign employee being sponsored must meet stringent requirements.
Whether one is obtaining a temporary or permanent work visa, the process is generally the same. In both cases, the employer must first petition the USCIS for the foreign worker to be allowed to apply for a work visa. The only major difference is petitioning for the foreign worker to be given a green card requires the employer to first obtain “labor certification” from the US Department of Labor (DOL).
If you are in the Denver area and seeking an employment visa, contact us today and schedule an appointment to discuss how we can help you seamlessly go through the process and get the outcome you desire.
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