Many U.S. businesses rely on employing foreign nationals, or immigrant workers, and this relationship is beneficial for both parties. There is a litany of documents required to complete, let alone streamline, the immigration aspect during the hiring process. Our business immigration lawyers understand the nuances of Immigration Law and know how to compile the necessary paperwork to ensure your company continues to run smoothly.
Johnstone Adams can assist you in many immigration matters, including:
· Acquiring visas
· Completing I-9 forms
· Compliance with laws, time limits, and regulations
· Verifying the accuracy of all documents
· Obtaining EB-1, EB-2, EB-3, H, and L employment visas
· PERM labor certification
· Auditing for employment eligibility
· Applying for an extreme hardship waiver or Deferred Action for Childhood Arrivals
Our attorneys have counseled many clients through this process and are members of the American Immigration Lawyers Association.
Business Immigration Basics
The Immigration and Nationality Act (INA) offers many ways for foreign nationals to seek and obtain a temporary or permanent residency in the United States. If a foreign national meets INA eligibility requirements and related regulations, they can apply for a “green card,” or permanent resident status, or a “work visa,” for temporary residency. The number of people who may receive U.S. residency is limited to a capped amount
per nation and a preferred category (such as their profession). The intricacies of these laws, regulations, and required paperwork and documentation are why there are significant delays in the process.
Your business and the worker(s) must fulfill the eligibility and evidentiary requirements for the appropriate section. The employment-based categories outlined in U.S. Immigration Law fall into three main sections, and employer sponsorship is often needed.
1. EB-1: Individuals who display extraordinary talents and skills in specific sectors, including science, education, athletics, arts, or business. These foreign nationals may be Olympians, Pulitzer Prize winners, and other award winners. EB-1 is reserved for priority workers, and it is challenging to achieve approval in this category. However, these highly esteemed people don’t need a job offer to apply for residency.
2. EB-2: Individuals who hold advanced degrees or the foreign equivalent and exhibit outstanding abilities in their profession. An employer must submit a formal job offer to enter the U.S. under EB-2. Doctors, engineers, and business leaders are a few occupations under this category.
3. EB-3: Individuals with at least five years of experience in the industry and hold a Bachelor’s degree, at minimum. This category sees a much higher number of applications than EB-1 and EB-2 due to fewer requirements and typically sees a long waiting period due to the volume. EB-3 focuses on skilled workers, professionals, and other employees that do not fit under the umbrella of another category.
Some stipulations require the employer to prove that qualified U.S. citizens or existing permanent residents with the necessary skills are unavailable for the offered position. This regulation ensures that a larger applicant pool does not negatively affect American employment opportunities.
How to Start the Application Process for Employment-Based Permanent Visas
If your business has not hired a foreign national before, you may feel overwhelmed by the available information and the process ahead. Our lawyers can guide you through the steps and ensure a successful outcome.
The first move is determining the preference category that is most appropriate for the individual you’d like to hire. They may fall into several categories, and our immigration attorneys will discuss the benefits of each option. You may have to go through labor certification and additional documents—there are many forms required, and our lawyers know all of the boxes to check to move you and your company forward.
Contact Johnstone Adams in Mobile, Alabama, to discuss your business immigration options today at (844) 682-7682 or by using our convenient online form.