The world continues to get smaller thanks to advances in technology, and hiring managers in the U.S. frequently find that the best fit for their growing workforce is overseas or foreign professionals here in the U.S. working for another company. There are visa programs available for foreign professionals, but it can be a challenging process without the help of skilled immigration lawyers.
Our firm is dedicated to helping your business navigate the complex immigration system, comply with federal law, and sponsor the professionals you need to succeed. Contact a business immigration attorney at Klug Law Firm as soon as possible to discuss your options.
View Our Alerts LibraryMany businesses depend on foreign nationals in their workforces. Particularly in the STEM industries, employers may have trouble finding enough qualified workers domestically who are US citizens or permanent residents.
The fastest way to onboard a foreign professional to commence employment with your company is through sponsoring them for a work visa. There are a variety of work visas available. The H-1B Specialty Occupation visa is the standard work visa for professionals, but there is also the L-1 Intracompany Transferee visa for foreign professionals currently working for your company at an office outside the USA, and country-specific work visas that have special benefits over the H-1B, such as the E-3 for Australians, TN for Canadians and Mexicans, H-1B1 for Chileans and Singaporeans, and the E-1 Treaty Trader and E-2 Treaty Investor visas for companies that are majority owned by a country that holds an E treaty with the United States.
Many employers sponsor their foreign workers for Green Cards so they can stay permanently in the United States and have a path to citizenship. This can be a laborious process requiring the employee to provide extensive documentation and sit for one or more interviews.
Our legal professionals can assist your business and worker through every step in the process. We can review documentation to ensure it is complete, respond to Requests for Evidence, and prepare applicants for their interviews.
In most cases, to sponsor a foreign professional for permanent resident status (“green card”), employers will need to prove that they cannot find qualified U.S. citizens or Permanent Residents for a job. They must obtain a Labor Certification from the U.S. Department of Labor. Our immigration lawyers can help you apply for a labor certification, which must be granted before a foreign national can apply for a visa allowing them to work at your business.
In some cases, it may be possible to avoid the time-consuming process of labor certification. People with exceptional skills in their field, advanced degrees, or who are licensed in certain professions may be eligible for EB series visas that do not require labor certification. Our legal professionals can advise whether pursuing one of these visas is an option in a specific case.
Maintaining complete and accurate records that will survive an audit is a critical aspect of managing foreign nationals in your workforce. Our firm can oversee internal audits to identify weaknesses in procedures and help implement best practices to avoid enforcement actions.
Immigration and Customs Enforcement (ICE) agents have the authority to audit I-9s, with substantial penalties if records are incomplete. Businesses found to knowingly employ workers without legal immigration status potentially face hefty fines and even criminal prosecution.
Any business employing foreign professionals can be the subject of a Department of Labor audit regarding applications for labor certification. The Department of Justice can conduct hiring practices audits to ensure employers are not giving preferential treatment to foreign workers. The experienced immigration lawyers at our firm can represent you during audits and negotiate any corrective action government auditors propose.
Request A ConsultationImmigration regulations are complicated, and the rules seem to change constantly. Hiring managers and HR personnel rarely have the time to keep up.
As a dedicated business immigration law firm, we are constantly plugged into developments. We can anticipate policy changes and help you adapt your hiring and retention strategies accordingly. Changes in enforcement priorities can have a huge impact on your operations, and we can ensure you are prepared.
As new federal policies are issued, some of your foreign national employees may risk losing their right to work in the U.S. Our lawyers can provide a realistic assessment of the options available for you and your workers and take all possible steps to preserve their status.
Immigration policies and procedures are constantly evolving. If your business depends on foreign nationals in your workforce, you need seasoned experts to provide advice.
The business immigration attorneys at Klug Law Firm can assist you in every aspect of employment-related immigration issues. Reach out to us to discuss your immigration law questions today.