Work Visa Lawyers
Katz Law Office, Ltd. has handled a plethora of work visas with great success. We start succeeding at this process by ensuring that you are on the proper path by doing a comprehensive case evaluation from day one and helping you determine which of the several work visa options is the best choice for you. As an employer you will want to make certain that your operations needs are met, and who better to understand that than a graduate from one of the nation’s top MBA programs? Our firm’s founder graduated law school cum laude after teaching high school in Chicago’s inner city for seven years. While growing the law firm to service more than ten thousand clients, he obtained his MBA degree. He has helped mentor the seven attorneys and fifteen support staff at Katz Law Office, Ltd. to ensure that they treat your work visa case with the proper attention and expertise to help ensure that your business continues to run with the support that it needs. Additionally, our law firm has a Mexico City location, which positions us superbly to facilitate the immigration of workers from throughout the Americas and beyond.
Which U.S. employers can hire workers from abroad?
The most important determinant of whether a U.S. employer can in fact hire workers from outside the country and bring them here lawfully by following the visa process, is whether or not a U.S. worker exists in your labor market to do the job you need completed. For example, American chicken-processing facilities will hire individuals to handle the birds along every step of the process up to packaging and delivery. This is a very arduous process and thus not a job most U.S. citizen or lawful permanent resident employees will want to take on as better work options often exist for them.
For jobs like this where, despite engaging in significant advertising and interviewing in effort to fill the position with U.S. workers, few or no employees will be found. Consequently, this sort of job will relatively easy to pass muster with the Department of Labor who will review the business’ hiring process and determine whether U.S. workers exist in the regional and industry labor market for that prospective employer, and will make a decision as to whether to approve the “labor certification application” of that business.
What types of visas might an employer want to use?
For any job relating to agriculture or the provision of foodstuffs to U.S. consumers, the H-2A visa is often an excellent option. Because of the extremely important goal of feeding the country and the world that the United States has set as a fundamental priority for itself, the immigration system has been authorized to bring as many workers as the economy needs. This means there is no limit on the number of workers that may be immigrated by way of the H-2A agricultural visa. It is likely the perfect option for employers who have a significant need for seasonal or temporary work in this area and need to bring one or several workers at a time.
For non-agricultural work such as construction, factory work, or in the service industry, the H-2B visa may be the right choice where such work is seasonal or temporary. The H-2B visa has a 66,000 limit per year.
Which employers are eligible?
The first step of this process is for your immigration attorney to do a comprehensive review of your business model, your business needs and immigration options, as several requirements exist to ensure eligibility to become an H-2A or H-2B employer. The most important of these requirements include:
· You hold a valid Federal Employer Identification Number (FEIN);
· You are hiring full-time employees to work 35 hours or more;
· The work need is seasonal or temporary in nature, meaning ten months or less of employment per year.
The work visa process
The first step in the process of hiring foreign workers is for your attorney to process your labor certification application with a state workforce agency (usually your state’s department of labor) typically 75 to 60 days prior to the date work begins, and to begin your efforts to recruit U.S. employees.
The second step is to file the labor application with U.S. Department of Labor and respond to any additional requests that office might have from you, such as for additional evidence in support of your original application.
The third step is to engage full force at attempting to recruit U.S. workers by advertising the position and developing, together with your lawyer, a recruitment report for submission to the Department of Labor.
The fourth step is completing the labor certification approval with the U.S. Department of Labor in receiving approval from that office that you indeed have proven that no U.S. worker in your labor market will work the job you are hiring for.
The fifth step is identifying which employers you will be hiring from abroad.
The sixth step is your submitting form I-129 with the U.S. Citizenship and Immigration Service (USCIS) whereby that office determines that you have met the labor certification requirement and also meet all of the requirements of the immigration law to process foreign work visas.
The final step in this process is you and your attorney directing the foreign employees to process their visa application and interview with the U.S. consulate or embassy closest to them, which indeed handles this type of visa.
Experienced attorneys ensure you the best chance of success
As you can see, the process for handling the immigration of foreign workers is quite cumbersome and involves a great deal of expertise. Katz Law Office, Ltd. has processed thousands of immigrant and nonimmigrant visa applications and has leveraged its experience for the benefit of its clients time and again. We take great pride not only in our 99% success rate but also in the care and dedication that we give each and every one of our clients. Additionally, as we have training in both the legal and business areas, we not only handle your immigration process with great skill but also consider the overall welfare of your business as it relates to this process, and offer suggestions and counsel where it may be of service to your case and your business.
Please contact us today for a free case assessment with one of our dedicated, licensed attorneys.