U.S. employers who hire foreign workers must comply with various immigration and labor laws, which are complex and often confusing. The prospective foreign workers must also comply with the requirements of the same laws, rules, and regulations. If these requirements are met, the U.S. employer can have those foreign workers legally working for them under either temporary or permanent work visas.
At Minsky, McCormick & Hallagan, PC, we have experienced employment immigration attorneys in Lombard who help clients to obtain these work visas for their foreign workers.
A temporary employment visa is a visa that authorizes a foreign worker to enter and work in the U.S. for a fixed period. There are many types of these temporary work visas, and all of them require the American employer to first file a petition with the U.S. Citizenship and Immigration Services (USCIS).
If USCIS approves the employer’s petition, then the foreign worker can apply for a nonimmigrant visa at a U.S. consulate in their native country. If the foreign worker is in the U.S. in a different visa category that is current and not expired, the foreign worker can apply to change their status to the approved nonimmigrant visa category. There are many of these nonimmigrant work visas, but the following are the most common:
Immigrant visas for permanent residence are green cards obtained through employment. To obtain one, the employer must first file a petition with the USCIS requesting that their prospective foreign worker be given a green card based on their job offer to the foreign worker. Typically, the employer must first obtain what is known as “labor certification” before filing the petition with USCIS.
Employment-based green cards are divided into five preference categories as follows:
Spouses and children of those approved for a green card under any of these nonimmigrant or immigrant visas may accompany or follow to join their spouses or parents as allowed under the law.
If you are in the Lombard area and are interested in hiring a foreign worker or you are a noncitizen who wishes to know how you can obtain a nonimmigrant visa or green card based on employment, contact us today for a consultation.