Assisting Employers With Work Authorization Needs
Securing visas for workers is a hugely important task for businesses of all sizes that recruit talent overseas. Visas ensure your people can work for your company and reside in the U.S. while they do the work that keeps your business moving. Obtaining visas, however, is not always simple.
At my firm, Edwin R. Rubin, Attorney at Law, I provide a great deal of insight and guidance to companies – and families – who have legal needs. This includes a host of visa applications for workers and visitors to the United States. Clients across East Brunswick and all of New Jersey turn to me for my reputation in thorough, complete work.
What Kind Of Visa Do You Need?
The list of U.S. visas is extremely long, and the types of visas available to for those visiting or temporarily working in the country can be surprisingly specific. There are allowances for visas for people with the following vocations:
- Skilled workers
- Artists
- Investors
- Athletes
- Clergy-people
- Entertainers
- Reporters
There also are visas available for the families of all these groups and for people who simply wish to visit the U.S. The requirements for each of these visas are variable and highly specific, but I can help you with any of these to get you to the next stage.
Visas For Skilled Workers
Some types of U.S. visas are specifically for skilled workers. These are the visas that your company will most likely be seeking for foreign talent. Among these are:
- H-1B visas: H-1B visas allow employers to bring skilled workers – those who have at least a bachelor’s degree – to the U.S.
- I visas: I visas allow employers to bring members of the foreign media to work in the U.S.
- L visas: L visas are temporary visas designed for managers and executives (and some specialized workers) who will be working temporarily in the U.S.
While these are the most common foreign visas for skilled workers, others exist. Consulting an employment immigration attorney can offer clarity around which visas your workers need.
Factors To Consider When Hiring Foreign Workers
Foreign workers can provide significant value to U.S. employers. However, it is important for your business to keep these factors in mind before hiring or sponsoring them:
- Professional background: Any worker you hire or sponsor must have the experience, qualifications and skills to succeed in their job. If the position requires a specific degree or certificate, you must verify they have these as well.
- Personal background: For a foreign worker to succeed in the U.S., they must be a good cultural fit. Ensuring a candidate’s background and working style mesh with the values and culture of your company is vital.
- English proficiency: Language barriers can make communication and teamwork difficult. Prioritizing candidates who speak English fluently is in the best interest of your business.
- Legal requirements: Employers must take certain steps when obtaining visas for employees. Staying in compliance with these regulations and procedures is critical, and an employment immigration lawyer can help you understand the rules you must follow in your situation.
- Expenses: Your business must consider the expenses involved in hiring foreign workers, including legal fees, relocation costs and training costs, before bringing them to the U.S.
If you have questions or concerns about any of these factors, seek the guidance of an employment based immigration lawyer.
Obtaining Necessary Labor Certification
In many cases, immigrants wishing to work in the United States need to have the correct labor certification. Their employment has to be authorized by the Department of Labor. The employer is heavily involved in this process, and it is now carried out through the PERM (Program Electronic Review Management) system. Immigrants need to know how to navigate this system and ensure that they get the correct certification so that their employment status – and, by extension, their immigration status – is not in jeopardy.
Much of this process revolves around ensuring that employers first check to see if there are U.S. workers available to take that job. Employers must make a good-faith effort to recruit domestically before turning to immigration options.
Recruitment efforts could include placing a job order, running job ads or postings in Sunday newspapers, and the like. Other types of recruitment that may satisfy this requirement include posting the job on the employer’s website, attending job fairs, doing on-campus recruiting, using recruitment websites, contacting trade organizations or running radio and TV ads.
How Long Does The Process Take?
When these steps have been satisfied, the Department of Labor may approve the application for an immigrant to take the job. This usually takes around 60 days. But there are cases in which an audit may be required, which can extend the process. The government does not guarantee that it will meet any specific deadline. This is why it’s so important to know exactly what steps to take while moving through this process.
What Are The Employer’s Obligations?
In addition to the job posting requirements noted above, the employer is obligated to ensure that the application is fully correct and true to the best of their knowledge. They also need to have all of the necessary documentation to support their hiring decision. They need to be able to prove that they conducted the aforementioned recruitment efforts, for example, and have tried to hire a U.S. worker. In some cases, employers may have to demonstrate why some of the U.S. applicants were rejected, such as if they lacked the appropriate skill, training or industry knowledge.
The Visa Process
At times, it can feel like the visa and immigration process in the U.S. is intentionally filled with red tape and complexity. Once you’ve completed your application packet, you may have to have follow-up interviews or even hearings.
When you work with me, in every interaction with the U.S. Customs and Immigration Service (USCIS), I will be with you. I will answer your questions and defend your application and your needs against the difficulties. I will be your advocate and take the necessary steps to give you every opportunity for a successful outcome.
Meet With A Work Immigration Attorney To Discuss Your Visa Needs
Whether you are a company seeking to expand your workforce or a current worker seeking to bring your family to you, I can help. Call my office at 973-685-6056 or send an email to schedule your first meeting.
When we talk, I will discuss all your options and several strategies for moving forward. I’m ready to get to work for you.