Domestic employers who find they cannot fill positions in their business with qualified Americans may seek to hire foreign nationals. Foreign workers often want to come to the United States to pursue career opportunities that might not be available in their native country and to provide a better or more secure life for their families. However, the U.S. offers a limited number of employment-based immigration visas each year.
If you are a business owner and wish to sponsor a citizen of another country to accept a permanent employment opportunity, contact a Groveland employment visa lawyer. The process of sponsoring a foreign worker is complicated and time-consuming. A local business immigration attorney could ensure you complete all the necessary steps correctly.
In general, the U.S. offers employment-based (EB) immigration visas to people who could make significant contributions to the economy or culture. In many cases, the prospective immigrant must have a verified job offer before they can begin the visa application process. In most EB visa categories, the sponsoring employer must get a labor certification before they can petition for the individual to enter the U.S.
A Groveland attorney could assist in getting this certification for an employment visa application. The Department of Labor will issue the certification if the employer can show they have advertised the job and not been able to fill it with a U.S. applicant, the salary they will pay the foreign national is the prevailing wage for the position, and hiring a foreign national will not drive the wages for the position down.
The U.S. issues several types of employment based immigration visas for applicants who qualify within specific categories. Someone who receives an employment-based visa can bring their spouse and unmarried children under 21 with them when they move to the U.S. Approximately 140,000 employment-based visas are available each year, though sometimes the number increases if there are other unused visa numbers in other categories.
People who can document extraordinary achievements in the arts, athletics, business, education, or the sciences could apply for an EB1-A visa. This visa does not require a job offer from a U.S. employer. The applicant must produce extensive documentation that proves they have risen to the pinnacle of their profession through national or international awards, media coverage, and similar accolades.
Respected professors and researchers may apply for the EB1-B category. An applicant must have worked as a teacher or researcher for at least three years and demonstrate that their work has achieved broad recognition. Applicants in this category require a job offer in the United States.
The EB-1C visa is for business executives. Someone with a managerial position at a foreign office of a multi-national company could apply for this visa if the company intends to transfer them to a U.S. office or affiliate. The prospective employer does not need to apply for a labor certification.
A foreign national owning a business in their home country could establish a U.S. affiliate and apply for an immigrant visa in this category after the affiliate has been operating for at least one year.
Foreign nationals with exceptional abilities who have not achieved national or international acclaim or recognition could apply for an EB-2 visa. Foreign nationals with advanced degrees who practice a profession may also qualify for this visa category. This visa requires a U.S. sponsor and labor certification.
An EB-3 visa allows professionals and skilled workers to immigrate if their prospective employer has a labor certification.
The government issues 10,000 special immigrant visas each year to religious workers, Afghan and Iranian nationals who worked for the U.S. government, and retired employees of certain international agencies. These visas do not require a labor certification or U.S. sponsor.
An EB-5 visa is reserved for people of means willing to invest a substantial sum in a U.S. enterprise and create or preserve at least ten jobs for U.S. citizens or green card holders.
A Groveland attorney could offer more guidance about the categories of employment visas and which type may apply to your situation.
If you are a foreign national hoping to secure an employment-based immigration visa or a business hoping to hire a foreign worker for permanent employment, a Groveland employment visa lawyer could help.
Any visa application process can be burdensome, but having assistance from a knowledgeable attorney could smooth the way. Call today to discuss your situation with a seasoned legal professional.
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