Lombard Employment Immigration Lawyer

Lombard Employment Immigration Lawyer

U.S. immigration law allows employers to recruit and hire workers who are not U.S. citizens or green cardholders. If the requirements set by the law are met, those workers typically get either temporary work visas or immigrant visas (green cards). At Minsky, McCormick & Hallagan, PC, our Lombard employment immigration lawyers help employers to secure both temporary and permanent immigrant visas for foreign workers they sponsor.

Temporary Employment Visas

In general, a foreign national who wishes to come and work in the United States must first obtain either a temporary nonimmigrant worker visa or an immigrant visa for permanent residence (green card). Temporary nonimmigrant worker visas are for individuals who desire to come to the United States for employment that is expected to last for a fixed period. Each one of these temporary visas requires the prospective employer of the foreign worker to first file a petition with the U.S. Citizenship and Immigration Services (USCIS). 

The foreign worker can only apply for a temporary visa once the employer’s petition is approved. There are many of these temporary work visas available, but the most common are the following:

• H-1B: Specialty Occupation. This is a visa available for those individuals seeking to work or are offered employment in a “specialty occupation,” which is generally defined to be work that requires some specialized knowledge and a bachelor’s degree or its equivalent. Examples are professions such as fashion models of distinguished merit and ability, government-to-government research and development, or co-production projects administered by the Department of Defense.
• H-2A: Temporary Agricultural Worker. H2A visa is available for individuals who come to the United States to work as temporary or seasonal agricultural workers. The visa category is limited to citizens or nationals of countries that are designated under the law, with limited exceptions, if it is determined that exception is in the United States’ interest.
• L: Intracompany Transferee. L visa is available for an individual who intends to come to the U.S. 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 for permanent residence are green cards obtained through employment. To obtain an employment-based green card, the prospective employer of the foreign worker must first file a petition with the USCIS, and some of the employment requires the employer to obtain what is known as “labor certification” before filing the petition with USCIS.

Employment-based immigrant visas are divided into five preference categories as described below. 

• Employment First Preference: Priority Worker and Persons of Extraordinary Ability
• Employment Second Preference (E2): Professionals Holding 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

Certain spouses and children of those approved for any of these visas may accompany or follow to join their spouses or parents. 

If you are interested in hiring a foreign worker to work for your business in Lombard, contact us today for a consultation.