Employment Immigration Lawyer Elmhurst

Employment Immigration Lawyer Elmhurst

US employers are allowed under US immigration and labor laws to recruit and hire foreign workers to come work for them, provided they comply with certain requirements. These requirements are contained in a maze of rules and regulations that discourage many employers from even trying to go through the process to get these foreign workers approved for visas. At Minsky, McCormick & Hallagan, we have experienced employment immigration lawyers who help employers in the Elmhurst area to successfully obtain necessary approvals to hire foreign workers.

There are many types of work visas available for those who qualify, so the first thing an employer must do is to decide which one of these visas is suitable for the position they have open. Which one of the visas is suitable would depend on the employer’s needs and whether the employer seeks to employ the foreign worker on a permanent or temporary basis.

Permanent Employment Visas

If the employer seeks to hire a foreign worker in a permanent position, then they must first petition USCIS for the foreign worker to be given a permanent work visa which is given in the form of a “green card.” In most cases, they must first obtain “labor certification” from the US Department of Labor before submitting their petition to USCIS. Labor certification is a legal certification that the US employer cannot find suitable American workers to take the position being offered to the foreign worker and that the foreign worker will be paid prevailing wages.

Temporary Work Visa

If the employer intends to hire a foreign worker for a temporary period, then the appropriate visa would be a temporary nonimmigrant visa. This is a work visa that allows the prospective foreign employee to come and work in the United States for a specific period, usually three years. The foreign worker is required to leave the United States at the expiration of this fixed period unless they have an extension of the period or they change their visa to a different visa category which would allow them to continue legally working in the United States. 

To obtain this visa, the employer will petition USCIS much as they would for a permanent work visa, except in this case, no labor certification is required. All that is needed is an offer of employment and the prospective foreign worker meeting certain requirements.

What an Employment Immigration Lawyer in Elmhurst Can Do for You

Going through the US immigration process is a cumbersome experience that leaves many so frustrated that they do not even bother to complete the process. The process is heavy on paperwork, and the paperwork must be accurately filled, relevant, and provide enough information that establishes that both the employer and the prospective foreign worker meet the criteria for approval of the visa sought.

If this is not done, one can be assured the outcome will be rejection or denial of the visa petition or application. Rather than risking any of that, it is best to have an experienced employment immigration lawyer to guide you through the process and obtain the outcome you deserve as an employer or prospective employee.

If you seek an employment-based work visa in the Elmhurst area, contact us today and schedule a consultation.


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