Lombard Employment-Based Immigration Attorneys

Lombard Employment-Based Immigration Attorneys

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.

Nonimmigrant Employment Visa

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:

• H-1B: Specialty Occupation. This is a visa available for foreign workers who have been offered employment in a “specialty occupation.” A specialty occupation is work that requires specialized knowledge and a bachelor’s degree or its equivalent. Examples that meet this definition include information technology professionals, fashion models of distinguished merit and ability, and researchers.
• H-2A: Temporary Agricultural Worker. H2A visa is available for foreign workers who come to the United States to work temporarily as seasonal agricultural workers. This visa is only available to citizens or nationals of countries that are designated under the law. There are limited exceptions where workers from other countries may be given this visa if it is determined that the exception is in the interest of the United States.
• Intracompany Transferee. L visa is available for individuals who intend to enter the United States to work at a branch, parent, affiliate, or subsidiary office of the current employer in a managerial or executive capacity or in a position requiring specialized knowledge.  

Immigrant Visas for Permanent Residence

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. 

• Employment First Preference: Priority Worker and Persons of Extraordinary Ability
• Employment Second Preference (E2): Professionals with Advanced Degrees and Persons of Exceptional Ability
• Employment Third Preference (E3): Skilled Workers, Professionals, and Unskilled Workers (Other Workers)
• Employment Fourth Preference (E4): Certain Special Immigrants

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.