American employers often have open positions, and they are unable to find American workers to fill them. They also might have positions that require the skills of a foreign worker they wish to hire. Such employers may petition immigration officials to have that foreign worker be given either a temporary or permanent work visa.
It is not easy getting these petitions approved because the requirements for these visas are stringent, but at Kriezelman Burton & Associates, we routinely secure these work visas for American employers in the Chicago area and their prospective foreign workers.
The number of people who wish to come to the United States is far greater than the number of visas available annually. Under U.S. immigration law, the number of people migrating to the U.S. annually is regulated, such that many applicants who qualify to get visas are simply not able to get those visas because of the numeric limitations.
For example, there are only about 140,000 visas available for immigration through employment, while the number of people who apply for them is several times more than that number. It is for this reason having the services of an experienced immigration lawyer can make a difference between getting a petition or application for a work visa being approved or denied.
An experienced immigration lawyer such as we have at w Kriezelman Burton & Associates will not only know the relevant law and regulations, but they also know how to skillfully navigate the immigration system to avoid things that cause delays or denials of many of these petitions and applications.
There are two types of employment-based visas that one can petition or apply for, and these are temporary or permanent work visas.
If the American employer intends to hire a foreign worker in a temporary position, then the employer will petition the United States Citizenship and Immigration Services (USCIS) for what is referred to as a “nonimmigrant” visa. A nonimmigrant visa is one that authorizes the prospective foreign worker to come and work in the United States for a fixed period. The foreign worker is required to leave the United States once that period expires, unless they extend the visa period or change their visa to another visa category that would authorize them to continue working for the employer or to otherwise remain legally in the United States.
If the American employer intends to hire a foreign worker to fill a permanent position, then they will petition USCIS for the prospective foreign worker to be given a permanent work visa, or “green card,” as it is commonly known. To be approved for the employment-based green card, the American employer must first obtain what is known as “labor certification” from the US Department of Labor (DOL). This is certification by DOL that the US employer cannot find suitable US workers to fill the position being offered to the foreign worker and that the foreign worker being hired will be paid prevailing wages.
If you are in the Chicago area and wish to secure an employment immigration visa for a prospective foreign worker, contact us today for an appointment to discuss your case and how we can help you.
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