Leesburg & Loudoun County Employment-Based Immigration Attorneys
At Whitbeck, Cisneros, McElroy PC, we recognize that employers need foreign nationals with work visas to operate their businesses efficiently in our modern economy. When employers decide to employ foreign workers, it is essential they acquire the help of an experienced immigration attorney. Whether the employment is for a skilled employee or a temporary agricultural worker, employers must be meticulous with their applications to avoid missing deadlines or risking sanctions. An employer must recognize that the process is time consuming and extremely time sensitive. Contact our Leesburg & Loudoun County employment-based immigration attorneys for more information.
Employers need to be informed that there are many different types of visas available for foreign workers. For instance, H-1B visas have different visa preference categories depending upon the skills, education and/or work experience of the employee. Temporary worker visas are also available, including but not limited to: H-2A temporary agricultural worker, H-2B temporary non-agricultural worker, L-1A intracompany transferee executive or manager, and L-1B intracompany transferee with specialized knowledge. The business’s needs, as well as the employee’s qualifications, determine the type of visa sought.
Employers must also be well-informed that in order to obtain visas for their employees, they must act proactively, often months in advance. Not every employer is able to obtain a visa for their prospective employee. Even if the employee is qualified, a visa must be available to them. In fact, some visa categories are filled within days.
There are several federal agencies involved in the employment-based immigration process, including the Department of Homeland Security (DHS) and the Department of Labor (DOL), each with their unique requirements. In most instances, before the U.S. employer can submit an immigration petition to DHS, the employer must obtain a certified labor certification application from the DOL. The DOL must certify to the USCIS that there are not sufficient U.S. workers able, willing, qualified and available to accept the job opportunity in the area of intended employment and that employment of the foreign worker will not adversely affect the wages and working conditions of similarly employed U.S. workers. Employers should utilize attorneys versed in this immigration process to usher them through this federal course of action.
Choosing the correct immigration attorney to guide your business through this process is critical to avoiding sanctions and hiring the best possible employees. At Whitbeck Cisneros McElroy PC, we will consult with you to determine your options and carefully work with your business every step of the way to obtain your goals. Contact our Leesburg & Loudoun County employment-based immigration attorneys today.