US immigration law allows a US employer to recruit and hire one or more foreign workers, provided certain requirements are met. On the other hand, foreign nationals living in the United States under some other valid visa can have a prospective employer sponsor them for a work visa. At Joseph & Hall, P.C., we help both employers and prospective foreign workers in Laramie navigate the complex immigration system to obtain these work visas.
The first thing you must decide as an employer or prospective employee is what type of visa you should apply for. The range of options is wide and deep, each with its own requirements that must be satisfied before the visa is approved. Even before deciding which of these options is suitable for the position you have available or seek as a prospective employee, you will need to decide whether to apply for a temporary or permanent work visa.
These are decisions we can help you with at Joseph & Hall, P.C., after evaluating your employment needs (if you are the employer) or your credentials (if you are a prospective employee.)
If the position that needs to be filled needs someone hired right away, it may be advisable to first obtain a temporary visa whose requirements match the position to be filled. Our experienced immigration lawyers will guide you in preparing the appropriate paperwork that meets these requirements.
Once the temporary employment visa is obtained, you will have time and the opportunity to convert that temporary visa into a permanent work visa by meeting and complying with additional requirements.
If the position that needs to be filled does not need to be filled right away, or if you are a prospective employee looking for an employer to sponsor you for a work visa, then obtaining a permanent work visa may be the better option.
Whether you seek a temporary work visa or an employment-based green card, the process is generally the same, except in the case of a green card, the employer will have to first obtain a labor certification from the US Department of Labor unless this requirement is waived for certain prospective employees who meet the criteria for a waiver. Once the labor certification is obtained, the rest of the process is the same for both the temporary work visa and green card.
In both cases, the employer will next need to file a petition with the United States Citizenship and Immigration Services (USCIS) seeking approval to have the prospective employee be given either a temporary or green card, depending on which category under which the petition is filed.
If the petition is approved, then the foreign employee can apply for the visa at a U.S. consulate in their native country or apply to adjust their status to a green card holder if they are already in the United States or apply for the green card at a U.S. consulate in their native country.
For more information or to schedule an appointment, contact us today to speak to one of our Laramie employment visa attorneys.
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