Employment Immigration

Temporary Needs

Our firm has helped several businesses in central Indiana hire specialized, skilled foreign workers to fulfill temporary needs.

Annually our firm helps businesses hire recent college graduates and experienced specialty workers through a professional work visa, called an H-1B visa. The visa is valid for a three year period, and the employer can renew the visa for another three year period.

As the number of these visas is set by quota, the availability of this visa is limited. In order to prepare a petition for this type of visa, the employer must start early in the year. Currently, the employer must file on April 1 or within that week in order to have a chance that the United States Citizenship and Immigration Services (USCIS) would select the petition for review. If the petition is both selected and approved by USCIS, the employee would be able to start work October 1.

For outstanding professionals in the top of their field, an employer could sponsor them for O-1 visas. Unlike H-1B visas, there is no quota. This type of visa is good also good for three years, but there is no limit on the number of times an employer can renew this visa for an employee.

Other types of temporary work visas are available. Our firm has been very creative in helping meet employer needs within the legal framework. For one employer, we established a visitor exchange program with the Department of State to facilitate entry of foreign instructors into the United States with J visas.

Permanent Needs

Likewise, our firm has helped several businesses hire foreign workers to fill permanent needs.

In order to hire a foreign worker, an employer must first conduct a recruitment campaign to determine if there are any ready, willing and able American applicants available for the employer to hire for the job position he is seeking to fill. The employer must be willing to hire the foreign applicant at the prevailing wage established by the Department of Labor or the actual wage of similarly situated employees, whichever is higher.

With no qualified American applicants found during the recruitment campaign, the employer could then apply for certification from the Department of Labor that no such qualified American applicants were found. Upon receiving this certification, the employer can file a visa petition with USCIS for the foreign applicant.

Upon approval of the visa petition, the foreign applicant could then apply for an immigrant visa leading to permanent residence or if already in the United States, he or she could directly apply for permanent residence.

A foreign applicant who is at the top of his field does not need a labor certification nor does he need a job offer. Our firm has helped several extraordinarily qualified foreign applicants apply directly for permanent residence.

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