American employers are allowed under U.S. immigration law to bring foreign workers to work for them in the United States, provided certain requirements are met. These foreign workers get either nonimmigrant visas or immigrant visas (green cards). At Minsky, McCormick & Hallagan, PC, we assist employers in the Lombard area to secure both temporary and permanent immigrant visas for foreign workers they sponsor.
A nonimmigrant visa is a visa that allows the beneficiary to enter the United States to work for an American employer for a temporary but fixed period. The visa requires the prospective American employer to first file a petition with the U.S. Citizenship and Immigration Services (USCIS). There are many of these temporary work visas; therefore, the petition must specify specifically which one of the temporary visas is sought and provide documentation to show that both the employer and prospective foreign worker meet the requirements.
The foreign worker can only apply for a temporary visa once USCIS approves the employer’s petition. Because the range of these temporary work visas available is wide, below are the most common ones applied for:
Immigrant visas are green cards obtained through employment. An employment-based green card is obtained under a two-part process. The prospective employer of the foreign worker must first file a petition with the USCIS, and in many cases, the employer must first obtain what is known as “labor certification” before submitting the petition with USCIS. These employment-based immigrant visas are divided into five categories as follows.
Spouses and children of those approved under any of these employment-based immigrant visa categories may accompany or follow to join their spouses or parents.
If you are interested in employing a foreign worker to come work for your business in Lombard, contact us today for a consultation.