Employment Immigration Lawyer Hinsdale

Employment Immigration Lawyer Hinsdale

Many employers find it necessary to bring foreign workers or employees to work for them. However, before a foreign worker is employed to work in the United States, the law requires that both the employer and foreign worker meet certain legal criteria and go through a hiring process that complies with the law. At Minsky, McCormick & Hallagan, P.C., we have worked with employers in Hinsdale to navigate the U.S. immigration system to bring their prospective foreign workers to the country to work for them.

Types of Employment Visas Available

The law divides employment-based immigration visas into two broad categories: temporary work visas and permanent work visas.

Temporary Work Visas. A temporary work visa is a visa that allows the holder to enter the United States and work for a specific employer for a set period, usually three years, but it is renewable. The prospective foreign worker must have an employer in the United States who petitions the United States Citizenship and Immigration Services (USCIS) to have the foreign worker be given a visa. 

Once the petition is approved, the foreign worker applies for the temporary work visa at a U.S. consulate in their country or the nearest U.S. consulate that provides services for their country. If the visa is approved, the foreign worker travels and begins working for the U.S. company.

In some cases, a foreign company can petition to have its own employee come and work for the company in the United States. In this case, the foreign worker does not need sponsorship from a U.S. company.

Permanent Work Visa. A permanent work visa is, in fact, a green card. There are several categories under which one can obtain an employment-based green card, but the most common ones are:

1. EB-1 Priority Workers. This category includes foreign individuals who have proven extraordinary ability in the arts, sciences, education, and business, which includes outstanding professors or researchers and certain multinational executive officers and managers.
2. EB-2 Professionals with Advanced Degrees. This category is for professionals with advanced degrees or those who have exceptional ability in the sciences, arts, or business. A job offer is required unless the professional qualifies for a “national interest waiver.”
3. EB-3 Professionals, Skilled and Unskilled Workers. Everyone who does not meet the criteria for EB1 or EB2 can have their shot of getting a green card through this category, which requires a job offer and what is known as “labor certification” from the U.S. Department of Labor unless the job being offered falls under an exception that does not require labor certification.

In all these categories for both temporary and permanent employment-based visas, the eligible foreign worker or employee is allowed to have their spouse and children to be given legal status that would allow the spouse and/or child to enter or remain in the United States with the eligible employment-based visa holder.

Learn More from Employment Immigration Lawyers in Hinsdale

If you are an employer in Hinsdale who wishes to hire a foreign worker, or you are a foreign professional or worker who wishes to obtain a green card in the United States, contact us today and schedule an appointment.