Employment Immigration Attorney Lombard

Employment Immigration Attorney Lombard

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.

Temporary Employment Visas

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:

• H-1B: Specialty Occupation. This is a visa for individuals seeking to work in a “specialty occupation.” Immigration law defines a specialty occupation as work that requires some specialized knowledge and a bachelor’s degree or its equivalent. Examples of specialty occupations USCIS cites are professions such as fashion models of distinguished merit and ability and government-to-government research and development projects carried out by the U.S. Department of Defense.
• H-2A: Temporary Agricultural Worker. H2A visa is for foreign workers who come to work in the U.S. as seasonal or temporary agricultural workers. The law specifies countries whose citizens or nationals are eligible for this visa. Citizens and nationals of countries not listed under the law are not eligible to get this visa. There is a limited exception, and that is with a determination that allowing citizens or nationals from these other countries not listed is in the interest of the U.S.
• L: Intracompany Transferee. The L visa is for individuals who intend to enter the U.S. to work at a branch, parent, affiliate, or subsidiary office of their current employer in a managerial or executive capacity or in a position that requires specialized knowledge.  

Immigrant Visas for Permanent Residence

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: 

• E1: Priority Worker and Persons of Extraordinary Ability
• E2: Professionals Holding Advanced Degrees and Persons of Exceptional Ability
• E3: Skilled Workers, Professionals, and Unskilled Workers (Other Workers)
• E4: Certain Special Immigrants

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. 

An Employment Immigration Attorney in Lombard Can Help

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.