Here are some details regarding what you need to know about immigrating to the United States for employment purposes. There are many different factors and issues involved in immigrating to the United States for the purposes of employment. Employers planning to petition for foreign employees and the potential employee should be aware of the various requirements and stages of the process. Understanding the rights and responsibilities and carefully checking all the details when immigrating to the U.S. for employment purposes can go a long way.
What to Expect
In most situations, in order to receive an immigrant visa in an employment-based category, the prospective agent or employer has to get a labor certification approval first from the Department of Labor. The employer would also need to consider whether or not he or she needs to file an immigrant petition for an alien worker form I-140.
It is strongly recommended that an employer who is considering employing a foreign employee contact an Arizona immigration attorney for assistance. What seems like a small mistake by either party can lead to significant delays and a lot of frustration, so it really pays to be organized ahead of time and submit things properly the first time around.
There are various categories of employees that can be brought over. The first preference applicant has to fit into the following groupings: a multinational executive or manager; a person with extraordinary ability; or an outstanding researcher or professor. Employment in the second preference goes to individuals with exceptional ability and those holding advanced degrees. Third preference employees are unskilled workers, skilled workers, and professionals. Finally, certain special immigrants may fit into the fourth and fifth preference employment categories.
The Stages of the Process
It is important to know the steps involved. After USCIS approves the petition, it is sent to the National Visa Center. Once received, the NVC will assign a case number for the petition and provide information about the next steps in the process. Consulting with an Arizona immigration attorney can be extremely beneficial in order to navigate the U.S.’s immigration laws and to avoid common missteps that frequently happen in these situations.
This blog should be used for informational purposes only. It does not create an attorney-client relationship with any reader and should not be construed as legal advice. If you need legal advice regarding In Immigrating to the United States for Employment Purposes, or other Immigration Law matters, please feel free to contact Phil D. Ortega at 480.461.5330, log on to udallshumway.com, or contact an attorney in your area. Udall Shumway PLC is located in Mesa, Arizona and is a full service law firm. We assist Individuals, families, businesses, schools and municipalities in Mesa and the Phoenix/East Valley.