An American employer can hire non-citizens to work for them but to do so, they must first comply with strict US immigration and labor laws. This is accomplished through a rigorous immigration process that can be daunting to many, especially those going through the process for the first time. At Joseph & Hall, we have experienced immigration lawyers who know the law and how to navigate this complex immigration system and successfully conclude cases we handle for our clients in the Denver area.
An American employer that intends to hire non-citizens must go through a complicated immigration process that involves the United States Citizenship and Immigration Services (USCIS) and State Department. The American employer is only allowed to legally employ a non-citizen after the process is completed, and the non-citizen is approved for a work visa.
There are two general categories of work visas available to non-citizens who qualify: temporary and permanent work visas. A temporary work visa, known as a nonimmigrant work visa, is a visa that allows the individual approved for it to enter the United States and work for a specific time, usually three years.
The work authorization expires after the expiration of the initial period of validity, and the visa holder is required to leave the United States and return to their native country or risk going out of legal status and being deported. However, it may be possible to extend the validity of the authorized work period in some cases or change the visa to another category that will allow one to remain and work in the U.S.
There are many types of visas available under the temporary or nonimmigrant visa category, including H1B, H2B, H-2A, L1A/B, and many others. Determining which one is more suitable for you as an employer or for your prospective foreign worker depends on various factors, including the type of job available and qualifications for it.
The other category of work visa available is the permanent work visa. This is basically a green card obtained through employment. To obtain a green card based on employment, both the employer and prospective non-citizen employee must meet stringent immigration and labor law requirements. At Joseph & Hall, we have experienced employment immigration lawyers who routinely help employers to successfully obtain these employment-based green cards, and we can help you as well.
Most temporary work visa holders do not wish to remain in the United States illegally, so they either leave and return to their native countries at the expiration of their work visa or they find alternatives that would allow them to stay and legally work in the United States. An experienced Joseph & Hall employment immigration attorney can review your circumstances and help you in figuring what your options are to maintain your legal status. The key is making sure you schedule an appointment for a consultation before the expiration of your current work visa.
If you are in the Denver area and wish to obtain an employment visa, contact Joseph & Hall today and schedule an appointment to discuss how we can help you.
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