Many U.S. employers benefit from foreign workers, though immigration laws set out many strict requirements to hire them. Whether an employer wants to hire workers for short-term projects or on an indefinite basis, they must follow many procedures to lawfully do so. Workers also must comply with the law to lawfully work in the U.S. for any period of time.
At Joseph & Hall, we have experienced immigration attorneys who help go through this process, and we routinely obtain work visas for employers in the Edwards, Colorado, area.
To successfully navigate the immigration system and obtain a work visa for a foreign worker, both the American employer and their prospective foreign worker must comply with strict rules and regulations under which these work visas are issued.
Before embarking on the process of obtaining an employment-based visa, the employer must first determine what type of employment visa to seek for their prospective foreign worker. Employment visas are grouped into two broad categories, and under each of the categories, there are several sub-categories. The two broad categories are temporary work visas and permanent employment visas.
A temporary work visa is one that authorizes the holder to come and work in the United States for a fixed period. The temporary work visa holder is required to leave the United States once the period of validity has expired. The only way the temporary work visa can legally remain in the United States is either by extending the period of validity for the visa, or by changing their immigration status to another category that will allow them to work and remain in the United States legally.
To obtain this temporary employment visa, both the employer and prospective foreign worker must satisfy the requirements that apply to the specific visa applied for. The range of temporary employment visas available is broad, but the following are the most common:
A permanent work visa is one that authorizes the holder to enter, live, and work permanently in the United States. In other words, the foreign worker gets a green card based on their employment with an American employer that has their petition approved for the employment-based green card.
Obtaining an employment-based green card is no easy walk in the park, however, because both the employer and prospective foreign worker must meet rigorous requirements, which often include the employer obtaining what is referred to as labor certification from the U.S. Department of Labor (DOL).
To obtain the labor certification, the employer must take the required steps to show to the satisfaction of DOL that the employer is unable to find qualified American workers to fill the open position and that the foreign worker will be paid prevailing wages.
If you are in the Edwards area and need an immigration employment attorney, contact Joseph & Hall P.C. today and schedule a consultation.
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