When the need arises to secure a work visa for yourself or for a prospective foreign worker, you want to make sure you have an experienced immigration lawyer in Elgin who can assist you in navigating the complex immigration system to obtain the visa. At Minsky McCormick & Hallagan, we exclusively focus on immigration law, which means each of our lawyers knows the law and is updated with the latest developments in the law to make sure our clients get the best outcome for their cases, and they do.
We work with both employers in the Elgin area and with individuals in or outside the area, including those outside the United States who have been given an offer of employment from an employer in Elgin who would need legal immigration work done to obtain a work visa. Whether working with the employer or prospective foreign worker, we make sure the necessary is done to obtain approval for the work visa. These immigration work visas come in two broad categories, and these are nonimmigrant and immigrant work visas.
These are work visas given to individuals who wish to come and temporarily work in the United States for a fixed period. When the authorized work period expires, the individual holding a temporary work visa is required to at least leave the United States or return to their native country.
These temporary work visas are available in many subcategories, which require a corresponding range of education – from little or no education to the highest education level and qualifications. If you have a need to hire a foreign worker or are not sure if you have what it takes to obtain one of these visas, we can evaluate your credentials and determine whether you qualify and which would be the best option to pursue in obtaining the visa.
An immigrant (permanent) work visa is, in fact, a green card obtained through employment. To be eligible for an employment-based green card, several things must be done successfully.
In most cases, the employer must obtain a “labor certification” from the US Department of Labor (DOL). This is a confirmation by the DOL that the employer cannot find a qualified American worker to be hired in the position offered to the foreign worker. Both the employer and prospective foreign worker must meet specific requirements before the certification is granted, including efforts to recruit American workers.
At Minsky, McCormick, and Hallagan, we have decades of experience handling this kind of work and draw from that experience to make sure employers successfully seek and obtain this essential labor certification.
Once the labor certification is obtained, the employer will petition the United States Citizenship and Immigration Services (USCIS) to approve the petition so the prospective foreign worker can apply for a green card based on the approved petition.
When the employer’s petition is approved, the foreign worker can apply for a green card at a U.S. consulate in their native country or, if they are in the United States in some other valid immigration status, they can apply for “adjustment of status,” a process by which their status will be adjusted to that of a permanent resident (green card holder).
If you are in the Elgin area and looking for an employment immigration lawyer, we are here and ready to work with you. Contact us today for a consultation.