How a Visa Lawyer Can Help You Employ Foreign Nationals
By Space Coast Daily // June 1, 2023
The laws surrounding U.S. immigration are challenging to navigate. With the help of experienced immigration attorneys, you can walk through the process with their guidance and expertise.
Immigration attorneys assist individuals as well as businesses looking to hire foreign nationals.
A work visa is required for an immigrant worker to begin work at a U.S. company. Work visas are documented recognition that an employer is sponsoring the applicant through the job offer given to them. Before starting the work visa, a petition must be filed, usually by the employer.
The immigration legalities above barely touch the surface. To legally employ a foreign national, employers are advised to speak with lawyers who have an in-depth understanding of U.S. immigration worker laws. Read more about how a visa lawyer can help employers hire foreign nationals below.
They’ll inform you of the visa process.
Before immigrant workers can apply for a work visa, a petition must be filed on their behalf. The petition is typically filed by the employer, indicating the position for hire. Usually, the applicant must have a job offer established before starting the application process.
Filing for a petition is a complicated process, as it includes the petition form, the immigrant visa application, and the fees associated with all medical tests and document retrieval tasks. Your visa lawyer can help you understand how to move forward with these initial stages and how to ensure you’ve completed all paperwork successfully.
A visa lawyer will explain how to get started.
A visa lawyer can start the process by explaining how to file petitions and the two types of work visas. Employers must understand the types of work visas, as they correlate with the permanence of the employment, the kind of work the immigrant worker can complete, and the qualities required to apply for permanent U.S. residency. Your visa lawyer will also explain that certification from the U.S. Department of Labor is required in most employment visa situations before moving forward with the work visa.
With the certification, the employer can legally hire the immigrant worker. Proof of the relevance of the employer’s need is also required, including evidence of:
- a clear lack of available U.S. workers
- an unwillingness of U.S. workers to work at established wages
Your visa lawyer will also explain the various categories under which your immigrant worker’s employment visa will fall. Specifically, for permanent visas, five categories detail the specifications for the type of work, period of employment, and additional factors.
Your visa lawyer will also help you with the following tasks for initiating the hiring process:
- determining the appropriate visa
- establishing the best application
- explaining laws about the waiting period for application review.
- overcoming issues that slow the process, i.e., (eligibility concerns, inadmissibility, etc.).
Improve hiring outcomes with professional guidance.
By working with a visa lawyer, you can ensure that the employment process for your foreign national worker is completed correctly. Accuracy of filing reduces the chances of application delays and starts the hiring process sooner, securing the best possible outcomes for your hire.