When You Need to Hire from Abroad

Cleveland Immigration Attorneys

In former years, the United States educational system was widely recognized as being one of the best - perhaps even the best - in the world. Things have changed. In today's economy, you can no longer count on being able to find the most-educated and best-qualified individuals to fill the vital positions in your company. Unfortunately, you may face considerable legal barriers in your attempt to hire a foreign national -which could delay or even block your attempts to ensure the continued expansion of your business.

Hiring a Foreign National on a Temporary Basis

If you only need to fill a certain position for a limited time, such as for a period of months or a few years, then you may be able to resolve the matter by hiring an individual who holds an employment-based non-immigrant visa. These are generally easier to secure than visas for permanent residence, and the prospective employee could potentially be approved for work in a relatively short period of time. There are several different options for this type of visa, each one designed to meet the needs of a certain situation.

Types of Non-Immigrant Visas for Employment

For example, you could choose the H-1B visa, 65,000 of which are available each year for workers filling positions that require theoretical and practical application of highly specialized knowledge acquired through a specific course of higher education. Alternatively, you could choose an L visa, which is intended for employees of multinational corporations who are being transferred from offices abroad to locations within the U.S. There is also the O visa category for individuals who possess extraordinary ability in the sciences, arts, business, or education. These are only a few of the many options available.

Permanent Residence Based on Employment

In the event that you are hoping to hire a foreign national who will be able to stay with the company for years into the future, the case may be more challenging. You will most likely have to sponsor the individual for a green card, a process which can take months or years to complete. Depending on the type of employment-based permanent residence being sought, you may have to complete the process of labor certification, which involves proving that you are unable to find anyone in the local labor market to fill the position. Labor certification is intended to protect U.S. workers from losing jobs to foreign nationals, but it also makes it difficult in many cases for businesses to find the employees they need when they need them. You will also have to submit a Form I-140, Immigrant Petition for Alien Worker, in addition to ensuring that the applicant meets all the eligibility requirements for a green card. Under the provisions of U.S. immigration law, approximately 140,000 employment-based immigration visas are made available to qualified workers, as well as visas for their spouses and children under certain circumstances.

We Can Guide You Through the Process

It can be frustrating to realize that you will have to jump over a number of hurdles before you can hire the employees you need to fuel your company's growth. Even worse is the frustration of attempting to play by the rules and then having your application denied. You can greatly reduce the stress, confusion, and delays associated with hiring a foreign national by retaining an experienced Ohio immigration lawyer.

An attorney from Brown Immigration Law can assist you with every aspect of the process, including selecting the most appropriate type of visa, assisting you with completing the necessary paperwork, and representing you with officials from the State Department and U.S. Citizenship and Immigration Services. We can also help you ensure that you are in full compliance with the requirements for I-9 employment eligibility verification - our founding attorney played a principal role in establishing the procedures for I-9 compliance.