Hiring foreign workers to come and work in the United States is a complicated process that requires the professional services of employment immigration lawyers with the skills and experience to help you navigate the system. At Joseph & Hall, we help employers in the Denver metro area not only to successfully navigate the employment immigration system but in a manner that is efficient and cost-effective.
If you are a prospective employee exploring your options to come and work in the United States, if you are already in the United States in a status that does not allow you to work, such as an F1 visa, we can help you in getting the right working visa, working with both you and your prospective employer.
The U.S. immigration law divides employment-based immigration visas into two broad categories; non-immigrant visa and permanent immigration visa categories. A non-immigrant visa is one which allows an employee to come and work for an employer in the United States for a set period, at the expiration of which the employee holding the visa is required to return to their native country.
A permanent work visa is an employment-based green card. An employee who is approved for an employment-based green card can come and live permanently in the United States with authorization to work for the sponsoring employer, or any other employer after their contractual obligations are over with the sponsoring employer.
Each of these broad categories is, in turn, subdivided into many subcategories that differ in requirements and qualifications as to each subcategory.
An employer who wishes to hire and have a foreign-born employee given authorization to come and temporarily work for them in the United States is required to first file a petition with the United States Citizenship and Immigration Services (USCIS).
This petition must comply with the requirements for the specific category of temporary employment visa. The range of options under this non-immigrant employment visa category and corresponding requirements are numerous.
However, at Joseph & Hall, PC, we have experienced Denver immigration lawyers who can review your circumstances and advise on the best options available for you to meet your employment immigration visa objectives.
An employer who seeks to hire a foreign worker or more on a permanent basis must go through a rigorous legal process that is designed to protect American workers. Only certain non-citizens who meet the legal criteria can be given permanent residency (Green Card) based on an offer of employment in the United States.
These non-citizen employees must typically have a combination of education and skills that would render them eligible for an employment-based Green Card, and even then, there are several other requirements that both the employer and prospective employee must satisfy.
For example, unless the employee has extraordinary skills and qualifications, the employer will typically be required to first obtain what is referred to as “labor certification” before the employer can petition USCIS to sponsor the foreign employee for a Green Card.
If you are an employer in the Denver area that is interested in hiring a non-citizen or if you are a non-citizen interested in working for an American employer that is willing to sponsor you, contact us today for an initial consultation.
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