At Minsky, McCormick & Hallagan, PC, our employment immigration lawyers work with employers in the Elgin area to obtain work visas for their prospective employees who are non-citizens. Our firm exclusively focuses on all immigration law-related work, which means each of our lawyers knows the law fully and is updated with the latest developments in the law and best strategies to obtain solutions for our clients.
We not only work with employers in the Elgin area, but we also work with individuals in the area who have been given an offer from an employer who may not be familiar with what needs to be done to obtain a work visa for them. In either case, we help both the employer and employee in doing what is necessary to obtain approval for the work visa. These work visas generally come in two broad categories, which are immigrant and non-immigrant work visas.
An immigrant (permanent) work visa is a green card obtained through employment. To be eligible for a green card based on employment, several things must be done successfully.
The employer must first generally obtain “labor certification” from the US Department of Labor (DOL). This is a certification or confirmation by the DOL that the employer cannot find qualified American workers to take the job offered to the foreign worker. There are specific requirements that must be complied with before the certification is granted, including conducting recruitment or efforts to recruit American workers.
At Minsky, McCormick, and Hallagan, we have decades of experience doing this type of work, and we draw from that experience to make sure employers successfully obtain this essential labor certification.
Once the labor certification is obtained, the American employer will petition the USCIS to approve the petition so the foreign worker can apply for their visa based on the approved petition.
When the petition is approved, the foreign worker can apply for their immigrant visa at a U.S. consulate in their native country or, if they are already in the United States and have another valid immigration status, they can apply for what is known as “adjustment of status,” which is a process by which their status will be adjusted to that of a lawful permanent resident (Green Card holder).
In some cases, if you have certain qualifications and have attained a level of accomplishment the law recognizes as unique, you may be able to obtain a green card just based on those credentials and without the need of first obtaining a job offer.
These are temporary work visas for individuals who wish to come and work in the United States for a fixed period. When the validity of the authorized period expires, the individual holding a temporary work visa is required to return to their native country.
There are many types of these temporary work visas that require a range of education from little to the highest education level and qualifications. An experienced employment immigration lawyer from our firm will evaluate your credentials and determine which would be the best option to pursue in seeking and obtaining a non-immigrant visa.
If you are looking for an Elgin employment immigration lawyer, we have one ready to work with you. Contact us today for a consultation.