Each year, thousands of individuals come over from their country of origin to work here in the U.S. on a variety of different visas, such as the H1B, L-1, TN, O, B-1, or E-2. Thousands of businesses hire foreign workers in key positions. Both companies and workers are expected to navigate a complex legal system that ensures that they can work here legally. Companies must ensure that they have advertised the position domestically and jumped through other regulatory hoops while recruits are expected to navigate a complex legal system.
If you are an employer who is looking to expand their search pool, the Chicago employment visa lawyers at Minsky, McCormick, & Hallagan P.C. can help you find your next employee legally. If you are an immigrant who is looking to work in the U.S., we can help get you set up with an employment visa. Give us a call or talk to us online to set up an appointment today.
If you have received a job offer to work in the United States, the next thing you will have to do is obtain an employment visa. These are divided into five preference categories. Each of these preference categories entails a slightly different application process. For instance, some EB-1 petitioners can file on their own behalf but require extraordinary or outstanding ability in their field or be multinational executives. They are not required to obtain labor certification from the Department of Labor.
EB-2 to EB-4 require that their future employer files a petition on their behalf to obtain certification from the Department of Labor and basically make the case that there are too few domestic workers in the U.S. able or willing to do the work they are requesting. These applications require that the employer goes through the process of posting the ad in a domestic newspaper over the course of several weeks and present documentation that they have completed the process according to Department of Labor standards. Additionally, the employer must hire workers at a competitive rate according to U.S. standards so as not to impact the wages of U.S. workers, and they must show that the people they are hiring are qualified to fill the position by providing the DoL with proof of the laborer’s work experience and educational background.
The process can be fraught with pitfalls that either delay the employer from getting the workers they need or prevent the employee from starting work. The attorneys at Minsky, McCormick, & Hallagan P.C. have helped numerous U.S. employers find the workers they need and numerous foreign workers begin their lives in the United States. Give us a call or contact us online to set up an appointment today. We can help.