American employers who hire foreign workers must comply with various immigration laws. The rules and regulations that implement these laws and policies are complex and are constantly changing. Few employers can keep up with them internally, so it becomes imperative for these employers to retain the services of a lawyer to both keep up with the changing laws as well as to meet all their other immigration needs. At Minsky, McCormick, & Hallagan, we have experienced employment immigration lawyers who help employers in Elgin with their immigration needs.
An employer who intends to hire or who already has foreign workers working for them typically has dual immigration needs. First, there is the need to process an immigration work visa for the foreign worker then there is the need to make sure the employer complies with all applicable immigration laws during the foreign worker’s employment with the company or business.
American employers can recruit and hire foreign workers, provided they meet certain requirements. A decision the employer must make first is whether to seek an immigrant visa or a nonimmigrant visa. That decision has a bearing on what both the employer will be required to do to get the visa and how long it would take. Regardless of which type of visa the employer opts to pursue, in both cases, the employer must petition the United States Citizenship and Immigration Services (USCIS) for the foreign worker to be given the relevant visa.
To obtain an immigrant visa for a foreign worker, an employer must first obtain what is known as “labor certification” from the U.S. Department of Labor (DOL). The labor certification is obtained only if the employer proves to the satisfaction of DOL that there are no available and ready-to-work American workers to do the job being offered to the foreign worker. There are strict rules the employer must follow to establish this fact which our experienced employment immigration lawyers can guide you through in how to get this successfully done.
Once the employer obtains the labor certification, you will then file an I-140 Immigrant Petition for Alien Worker with USCIS. Approval of the petition will allow your prospective foreign worker to apply for an immigrant visa (green card). An application for the green card can be filed concurrently with the I-140 petition, or it can wait until after the I-140 petition is approved.
A nonimmigrant visa is a visa that allows a noncitizen to come and work in the U.S. for a fixed period, usually three years. At or before the expiration of that fixed period, the nonimmigrant visa holder must leave the United States. In some cases, it may be possible to extend the validity of the nonimmigrant visa but only one time, meaning, if the extension is given, the nonimmigrant visa holder must leave the U.S. by the second expiration or find other legal means to remain in the U.S.
The Immigration Reform and Control Act (IRCA) imposes requirements that employers must comply with regarding their employee’s immigration status. Our Elgin immigration lawyers have deep knowledge of immigration compliance matters.
The law firm of Minsky, McCormick & Hallagan has helped many clients with employment visas and other immigration matters. If you have an employment-based immigration need in Elgin, contact us today to request a consultation to discuss your situation.