A foreign national can work in the United State by obtaining a visa via employer sponsorship. A person cannot apply for this if he is not being sponsored by a willing employer, who is ready to be a petitioner during the application procedure.
Companies can choose to hire a foreign worker, but they must follow the stated legal protocols. For this, the company will have to make a petition on behalf of the immigrant. This makes the employer a sponsor giving the worker a right to be employed in the US for the specified duration.
Once visa has expired; the person will have to return to his native country, unless some other employer is willing to employ him. The US authorities issue various types of visas across different categories. For example, H-1B is issued to people in specialty occupations who have a Bachelors degree. Other than that, nonimmigrant visas like student and tourist permit will allow the person to remain in the country for a short period.
Although companies have right to hire foreign workers, as per labor rules of the country, a company must make good efforts to fill the vacant position by first trying to hire a US professional.
The company has to advertise the vacant position and try to recruit for it in the country first. If an employer fails to recruit a good employee from within the country, he can then submit an application for hiring a foreign national.
Only after an employer has received labor certification approval, he can hire a foreign national. Once the petition is approved, the foreign immigrant must request for green card via adjustment process, if the person is already residing in the country. If the immigrant is coming from overseas he can obtain it via consular process.
In a few cases, foreign workers don’t need to apply for the labor certification before requesting for a green card. Workers in a few categories are exempted from applying for labor certification procedure. Those employed in ‘employer first preference’ category, or those who have extraordinary talent in science, art, education, or business field, don’t have to go through this process.
To make the entire procedure less troublesome and more streamlined, work with a good immigration lawyer in Queens. Legal help will assist you at every step of the case.
Companies can choose to hire a foreign worker, but they must follow the stated legal protocols. For this, the company will have to make a petition on behalf of the immigrant. This makes the employer a sponsor giving the worker a right to be employed in the US for the specified duration.
Once visa has expired; the person will have to return to his native country, unless some other employer is willing to employ him. The US authorities issue various types of visas across different categories. For example, H-1B is issued to people in specialty occupations who have a Bachelors degree. Other than that, nonimmigrant visas like student and tourist permit will allow the person to remain in the country for a short period.
Although companies have right to hire foreign workers, as per labor rules of the country, a company must make good efforts to fill the vacant position by first trying to hire a US professional.
The company has to advertise the vacant position and try to recruit for it in the country first. If an employer fails to recruit a good employee from within the country, he can then submit an application for hiring a foreign national.
Only after an employer has received labor certification approval, he can hire a foreign national. Once the petition is approved, the foreign immigrant must request for green card via adjustment process, if the person is already residing in the country. If the immigrant is coming from overseas he can obtain it via consular process.
In a few cases, foreign workers don’t need to apply for the labor certification before requesting for a green card. Workers in a few categories are exempted from applying for labor certification procedure. Those employed in ‘employer first preference’ category, or those who have extraordinary talent in science, art, education, or business field, don’t have to go through this process.
To make the entire procedure less troublesome and more streamlined, work with a good immigration lawyer in Queens. Legal help will assist you at every step of the case.
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