Employment-based immigration affords people from other countries a track toward United States citizenship and enriches the nation’s talent pool. This immigration route, however, is legally challenging – requiring the coordinated efforts of both the employer and the employee as well as the U.S. government. If you have questions or concerns about employment immigration, an experienced Chicago employment immigration attorney can help.
The requirements for hiring foreign employees are set by exacting business immigration laws, and employers are legally bound to document the work authorization of all new hires. While there are no special requirements in relation to U.S. citizens or foreign nationals who are permanent residents of the United States, others generally need to be sponsored in order to obtain employment.
In order to obtain the authorization to work in the U.S. on either a temporary or permanent basis, immigrants who are not permanent residents, refugees, or asylum seekers must gain authorization prior to obtaining either an immigrant or nonimmigrant visa. Most such visas come through employer sponsorship. This involves the employer filing for a specific type of visa on behalf of the applicant with the U.S. Citizenship and Immigration Services (USCIS).
Temporary nonimmigrant visas are issued to immigrants who come to the U.S. to work for a set period of time – generally through sponsorship. Once sponsorship is established, the immigrant is still responsible for obtaining a visa. This employment track in the U.S. includes many categories of work. Spouses and family members of those with this type of employment visa must obtain their own visas prior to joining their relatives here.
H-1B visas are the most common example, and they are designed for those with expertise in a specific profession or academic area and who have earned at least a college degree or who have the equivalent in work experience. The H-1B visa has a three-year cap.
Each year, about 140,000 immigrants who have valuable job skills – along with their spouses and children – obtain Green Cards. The official title is Permanent Resident Card, and it allows holders to work and live in the United States permanently. This gold standard of employment immigration can be achieved via the right combination of the following factors:
Obtaining a green card is generally a matter of having an existing job offer from an employer who has the necessary certification, which relates to there being too few workers in the United States with the skill set they need. This is a means of demonstrating that the hire doesn’t deprive a citizen of a job.
The focused Chicago employment immigration attorneys at Minsky McCormick & Hallagan fiercely advocate for every case they represent – regardless of size. Your immigration journey is important to you, and we have the skill, legal insight, and experience to help. To learn more, please don’t wait to contact us today.