While the US immigration law allows American employers to hire foreign workers, the process of getting the necessary approvals and work visas is a daunting experience for many and frustrating for others. If you are an American employer in Cicero seeking to recruit a foreign employee or worker, it is better to have an experienced employment immigration attorney to help you get this done successfully.
US immigration law provides a range of work visas that an employer must choose from, but which work visa is appropriate for the employer depends on their needs and whether the employer seeks someone to work temporarily or permanently.
If the American employer intends to employ the foreign-born worker for a temporary period, then the employer will need to petition for a temporary or “nonimmigrant” visa. A nonimmigrant visa is one that makes it possible for the foreign worker to come to the United States and work here but for a temporary or limited period. This means that the foreign worker must leave the United States on or before the expiration date for their authorized period of employment. If the foreign worker does not leave the United States before the expiration of the authorized period, then to avoid being in the United States illegally, they must either extend their current period of authorization or must apply and change their status to a different visa category that would allow them to stay and work in the United States.
If the American employer seeks or wishes to have the foreign worker to work for them permanently, then the appropriate work visa is a permanent work visa or “green card.” To obtain a green card through employment requires – in most cases – the employer to first obtain “labor certification” from the US Department of Labor. This certification is legal proof that establishes that the US employer cannot find American workers to fill the position available and that the foreign worker being recruited will be paid what is referred to as “prevailing wages.” The law here seeks to ensure that American workers do not go for cheap foreign workers at the expense of American workers.
Going through the immigration process to obtain a temporary or permanent work visa is tedious and often frustrating for many employers who still have their petitions denied when they assume they have done all that is required under the law.
The immigration process is certainly not for a novice to successfully navigate, and therefore having an experienced employment attorney is important and can make a difference in the outcome of your case.
For example, petitioning the US Citizenship and Immigration Services (USCIS) or applying for a work visa after the petition is approved is paperwork-intensive, and the applications or petitions filed must be supported with proper evidence to be approved.
At Minsky, McCormick & Hallagan, we make sure all petitions and applications filed are accurate and complete and are presented to the USCIS in a manner that the officer examining them finds it easy to approve.
If you need an immigration employment lawyer in Cicero, contact our office today for a consultation.