Chicago Employment-Based Immigration Attorney
Employment-based immigration allows businesses in the United States to draw from a broader pool of international talent to find employees that best fit their needs, whether they are looking to hire the very best or to fill a workforce shortage. To help fill employers’ needs and afford non-U.S. citizens the opportunity to work and live in America, the Immigration and Nationality Act provides the opportunity for individuals to either immigrate to the U.S. or to enter the country on a temporary basis to perform a specific role. Unfortunately, due to complex regulations and stricter government policies, it has become increasingly more difficult for employers to sponsor foreign employees for temporary visas and lawful permanent residency.
Minsky, McCormick & Hallagan, P.C., has been practicing immigration law for over 40 years. If you want to explore a career opportunity in the U.S., or if you are an employer who is in need of international talent, contact our Chicago employment immigration attorneys today.
Paths to Employment Immigration Status (Lawful Permanent Residency)
U.S. immigration law provides for various paths towards temporary status and lawful permanent residency in the United States through employment. The right path for you will depend on your qualifications, the employer’s needs, as well as many other factors, and include the following:
- Employment-Based Immigrant Visas (Lawful Permanent Residency): An individual may apply for lawful permanent residency (i.e. a green card) through an employer, and in some limited cases even sponsor themselves without an employer. There are five categories of employment-based immigrant visas: EB-1 for individuals with extraordinary ability, outstanding researchers and outstanding professors; EB-2 for individuals with advanced degrees or exceptional ability; EB-3 for professionals, skilled workers and other workers; EB-4 for religious workers, employees of U.S. foreign service posts, and employees of international organizations, as well as others; and EB-5 for investors who have invested at least $1,000,000 (or $500,000 in a targeted employment area) in a new commercial enterprise that employs at least 10 U.S. workers. Some of these paths require that the employer undergo labor certification (PERM) to establish that there are no minimally qualified U.S. workers willing, able and available for the position. Together, these categories create a variety of ways for foreign talent to benefit the U.S. economy.
- Non-Immigrant Visas: Individuals who wish to enter the U.S. on a non-immigrant temporary basis may be eligible for a variety of non-immigrant visas that allow working in the U.S. These visas vary depending on the individual’s level of education and experience, the position offered, prior levels of achievement, and the length of time the individual needs to work in the U.S.
If you are an employer who seeks to hire foreign talent, or if you yourself wish to work in the U.S. on a permanent or temporary basis, an experienced Chicago employment-based immigration attorney can help you navigate the complex process, meet the eligibility requirements, and address any problems you may run into with your application.
Corporate Immigration Compliance
All U.S. employers must properly comply with I-9 regulations to verify the work authorization of their employees. Additionally, if you hire workers from other countries, or if you wish to retain top talent from overseas, Minsky, McCormick & Hallagan, P.C., will work with you to ensure that you are in compliance with immigration law. We advise corporate clients on I-9 compliance, post-hire documentation requirements (eg. maintaining LCA and PERM records), ensuring that foreign staff are maintaining their status, and ensuring the proper termination of foreign employees. Government audits and site visits are on the rise, making it vitally important that all employers be in compliance with various immigration laws. Our law firm is familiar with immigration regulations and corporate requirements and can help your organization do what is necessary to be in compliance or to respond to a government audit, site visit or raid.
Call Minsky, McCormick & Hallagan, P.C., for a Consultation
Whether you are a self-petitioner, employee, or employer, our firm will dedicate its full attention to your needs and provide the best legal services possible to help you achieve your career goals in the United States. Call Minsky, McCormick & Hallagan, P.C., today to get started.