Employment immigration law governs hiring foreign nationals to work in the United States. This can be a complex process, and it’s essential to understand the ins and outs of employment immigration law if you’re looking to hire someone from outside the country. This blog post will give you a basic overview of employment immigration law so you can understand how it works and what you need to do to comply with it.
What is Employment Immigration
Employment immigration law refers to the rules and regulations governing the entry of foreign nationals into the United States for employment. These laws are designed to protect American workers by ensuring that only qualified and eligible for employment can obtain work visas.
To obtain a work visa, foreign nationals must first obtain a sponsor, typically an employer in the United States. The sponsor must petition the U.S. government to approve the foreign national’s work visa. Foreign nationals can enter the United States and begin working for their sponsor if approved.
Employment immigration law also requires employers to follow specific procedures when hiring foreign workers, such as ensuring that they are paid the same wages as American workers and not working under conditions that would constitute exploitation.
How Do Employers Obtain a Labor Certification
To obtain a labor certification, an employer must go through the rigorous process of proving that no qualified U.S. workers can fill the position they want. The first step is to file a petition with the U.S. Department of Labor (DOL), which must include a detailed job description and wage offer.
The DOL will then investigate whether qualified workers are available for the position. If the DOL finds no skilled workers, they will issue a labor certification. The employer can then use the labor certification to apply for an employment-based immigrant visa for their desired worker. Although the process is lengthy and complex, obtaining a labor certification is essential for employers who want to hire foreign workers.
What Are the Preference Categories for Employment Visas
The employment-based immigration law in the United States allocates a certain number of employment visas (also known as employment-based immigrant visas) each year to foreign nationals who wish to live and work permanently.
The law gives priority to foreign nationals who have exceptional skills or abilities, are seeking employment in an occupation considered to be of national importance, or have an offer of employment from a U.S. employer.
There are five preference categories for employment visas: Priority Workers, Professionals with Advanced Degrees, and Workers with Exceptional Ability; Skilled Workers, Professionals, and Other Workers; Religious Workers; and Investors/Entrepreneurs.
Employment Immigration Law – In Conclusion
To ensure that your company is hiring the best talent from around the world and in compliance with U.S. immigration law, it’s essential to work with an experienced immigration attorney. An immigration lawyer can help you determine which visa category is right for each position at your company and develop a strategy for recruiting and retaining foreign national employees. Call today to speak with an experienced employment immigration lawyer.