In today’s global economy, businesses, small and large, face a host of immigration issues ranging from labor certification to verifying employment eligibility for new employment hires.
At the Law Office of Bilfield & Associates, LLC. in Cleveland, Ohio, we represent businesses dealing with a host of immigration issues. Our clients range from businesses who are addressing immigration issues proactively, to businesses that unexpectedly have an immigration problem arise. To speak to an attorney who can help you analyze a business immigration matter, contact us for an initial confidential consultation that is 100% confidential.
Non-Immigrants (Temporary Workers)
For a majority of the employment based non-immigrant visas the employer starts the process by filing a form with USCIS. A foreign national may move to change status in the United States or at a U.S. consulate. There are numerous non-immigrant, employment based visas categories. The following are some of the most common visa classifications under which a foreign national may temporarily engage in employment related activities:
- E-1 – Treaty Traders And Their Spouses
- E-2 – Treaty Investors And Their Spouses
- H-1B – Specialty Occupation In Field Requiring Highly Specialized Knowledge
- L-1 – Intra-Company Transferees (Executives, Managers)
- O-1 – International Cultural Exchange Visitors
- TN – Canadian Or Mexican Professionals Pursuant To NAFTA
Immigrants (Permanent Residents)
There are certain employment categories that allow a U.S. employer to sponsor a prospective or current foreign national employee, whether inside or outside the United States, and who may qualify under one or more of the employment based or “EB” immigrant visa categories.
- EB-1 Priority Workers
- EB-2 Professionals With Advanced Degrees Or Persons With Exceptional Ability
- EB-3 Professional Or Skilled Workers
- EB-4 Special Immigrants
Labor certification is the most widely used employment based opportunity for obtaining a green card. Labor certification requires a U.S. employer to prove that there are no minimally qualified U.S. workers for the position. Once the U.S. Department of Labor certifies the application, the employer then can apply to the U.S. Citizenship and Immigration Services for permanent residency (a green card) for the foreign employee.
The government makes every employer responsible for verifying an employee’s eligibility to work in the United States. An I-9 form must be completed for each employee hired. If you fail to properly document each employee you hire, you may be subject to harsh civil and criminal penalties. An employer also has a duty to report any individual they discover is not authorized to work in the United States.
Businesses must comply with many immigration obligations. If you have a question about an employment authorization document, a work visa or an undocumented worker, contact a lawyer at the Law Office of Bilfield & Associates, LLC. to schedule an initial consultation that is 100% confidential about immigration for employer questions.