Employment Immigration Attorneys in Elmhurst

Employment Immigration Attorneys in Elmhurst

U.S. immigration is governed by a web of complex laws, rules, and procedures that are often confusing and unevenly applied by those who enforce them. These laws and policies are also constantly changing or being shaped by new developments, including politics which makes it even more difficult to successfully navigate through the complex immigration system. 

At Minsky, McCormick & Hallagan, you can count on one of our experienced employment immigration attorneys in Elmhurst to help you meet all your employment immigration needs.

Employment Immigration Process

The process of obtaining a work visa can be frustrating to the point of giving up trying to get a work visa. However, Minsky, McCormick & Hallagan has highly skilled employment immigration lawyers to guide you through this complex immigration process and save you the headaches and frustrations.

Whether one seeks a temporary or permanent work visa, the process of obtaining the visa starts with the employer filing a petition with the United States Immigration and Naturalization Services (USCIS). However, before filing this petition, it is important for the employer to understand and decide what type of work visa to petition for.

U.S. immigration divides work visas into two categories: immigrant and nonimmigrant.

• Immigrant Work Visa. An immigrant work visa is a green card that is obtained through employment. Before applying for a green card on this ground, the employer must first seek and obtain “labor certification” from the U.S. Department of Labor (DOL). This labor certification is a verification by the DOL that the employer has met and satisfied the requirements to be allowed to hire a foreign worker. 
• Nonimmigrant Work Visa. A nonimmigrant work visa is a visa issued to a foreign worker to enter and work in the U.S. for a fixed period. There are many types of these nonimmigrant work visas, and each has unique requirements that must be satisfied before the visa is approved. 

Once the employer decides what type of work visa to pursue, the employer then must file a petition with USCIS. The petition must be accompanied by evidence to show that both the employer and the prospective employee meet the requirements for the visa.

A USCIS immigration officer will then review the petition and decide whether to approve or deny the petition. Many petitions are denied on the grounds the employer has not satisfied these requirements. At Minsky, McCormick & Hallagan, we guide our clients in understanding what is required to have a petition approved. We then package the information and documents for presentation to USCIS in a manner that makes it easy for that immigration office to approve the petition.

When the petition is approved, the foreign national can then apply for either a green card or a nonimmigrant visa, depending on what category the petition is filed under.

Contact an Employment Immigration Attorney in Elmhurst Today

Whether you are an employer in the Elmhurst area wishing to hire a foreign national or are a foreign national seeking a work visa, we know what is required and how to navigate the system to get you the work visa you need. Contact us today to schedule an appointment to learn how we can help you.