Navigating through the US immigration system is a daunting experience for many people, and if you are an employer who needs to hire a foreign worker, it is better to spend your time focused on your bottom line than trying to navigate this complex system. At Joseph & Hall, P.C., we have experienced employment immigration lawyers who help both employers and prospective employees in the Avon area easily navigate this complex immigration system and quickly obtain the visas they need.
The first determination an employer who seeks to hire a foreign worker must make is what type of work visa to apply for their prospective employee. The range of visas available is wide, and the type you need depends on whether you wish to employ the worker on a temporary basis or permanently.
If you intend to employ the foreign worker for a temporary period, then you will need to apply for what is referred to as a “nonimmigrant” visa. A nonimmigrant visa is one that allows the foreign worker to enter and work in the United States for a fixed period, usually 3 years. This means at the expiration of this period, the foreign worker must return to their native country, or they must change their visa to another valid visa category that would allow them to continue working for you or for another employer. It is also possible to extend the validity of these temporary visas but not beyond one time.
If you intend to hire a foreign worker on a permanent basis or if you are a foreign national who seeks to live and work permanently for an employer in the United States, then you will need to apply for a permanent work visa or “green card.” Obtaining a green card through employment, in most cases, requires the employer to first obtain what is known as “labor certification” from the US Department of Labor. This certification shows that the US employer cannot find US workers to take the position and that the foreign worker to be hired will be paid prevailing wages.
Processing either for a temporary work visa or permanent work visa with the US Citizenship and Immigration Services (USCIS) is paperwork intensive, and the applications or petitions filed must be supported with proper evidence to be approved. Any improperly filed paperwork or paperwork filed that does not meet the requirements for the visa sought will result in rejection or denial of the application or petition for the visa. Having an experienced employment immigration lawyer to handle the filing for you removes any guesswork in the filing and ensures that the right paperwork is filed accurately so and at the right immigration office with the required fee. It gives you peace of mind knowing your case has a high chance of being processed without delay, and approval is more easily obtained.
If you need an employment immigration lawyer in Avon, contact our office today for a consultation.
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