Helping Businesses and Individuals with Employment-Based Immigration Matters
Many people from foreign countries are interested in seeking job opportunities in the United States for a variety of reasons. In addition, many companies in the United States benefit from foreign employees to meet their labor needs or fill specific positions that require particular talent and experience. However, both hiring foreign employees and entering the U.S. to work from a foreign country can be complicated endeavors.
Employment immigration involves the employer, employee, and immigration agencies all working together to ensure that all requirements are met before the employment period begins. If a company or individual fails to take the necessary steps or meet certain requirements, they can face serious penalties or removal/deportation. Do not risk delays or harsh consequences – instead, speak with an employment immigration lawyer near you at the law firm of Minsky McCormick & Hallagan, PC.
There are many different visas that allow people to come to the United States to work temporarily or indefinitely. First, you must have a job offer for a specific position that meets the requirements of a particular visa. Then, you must follow the procedures to obtain your visa, and the process will vary depending on the type of visa you are seeking.
Some employment visas include:
- EB-1 = Persons with extraordinary ability, outstanding researchers and professors, or multinational executives and managers
- EB-2 = Personal with exceptional ability or professionals holding an advanced degree
- EB-3 = Professionals, skilled workers, or unskilled workers
- EB-4 = Religious ministers and other “special” immigrants
- EB-5 = Immigrant investors
The most common types of visas sought are EB-2 through EB-4, though our law firm can assist with any type of employment-based visa.
Applying for Your Visa
In some situations, an employee might be able to file an application for their visa without action by the employer that offered the position. However, in most cases, the company recruiting the employee must first apply for and obtain a labor certification from the United States Department of Labor (DOL). Certification requires a showing that hiring foreign workers is necessary due to a lack of sufficient and willing domestic workers and that foreign labor will not adversely impact the working conditions or wages of U.S. workers in similar positions.
The employer must also file the petition for the visa on behalf of the foreign worker. The application process requires documentation of the employee’s experience and education to show they qualify for the particular visa they seek. This process can be complicated, and our legal team can help prevent delays or denials of employment-based visas.
If You have Questions or Concerns, Consult with an Employment Immigration Lawyer Near You
Obtaining the right employment-based visas for foreign labor can benefit all parties involved. At Minsky McCormick & Hallagan, PC, we have nearly 40 years of experience handling various immigration matters, and we can guide you through the visa process. Contact us to speak with an employment immigration lawyer near you about your visa application today.