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Key Things An Employer Should Keep In Mind While Sponsoring An Employment Based Visa

Author: Alexis Watson
by Alexis Watson
Posted: Apr 19, 2017

It is not just for the employee applying for a visa under the employment category but the things at the quite difficult at the employer’s end also. It is not that easy for an US corporation to hire an immigrant employee because it wants to do so. The employer not only need to make it’s case strong before the immigration authorities but also before the labor authorities and prove the point that the immigrant whom it intends to hire is apt for the job and he/she is not getting an alternative for person with similar skill set in the home country.

With the advent of globalization in the early 1900s, US based corporation found hiring Immigrant workforce much easier and cheaper which led of lot of Americans losing their jobs and being replaced by immigrant counterparts. But with coming of recession and change in government the rules began to harden for employee. Now with new government in place the challenges can increase manifold

Some of key things that employer always keeps in mind while applying for employment based visa for USA it newly appointed immigrant are the following:

a. The first part of the application process revolves around proving the labor department that the skill sets the hiring corporate is looking at is something that is not available within an American. The process of doing so should be initiated by the corporation at least 3 to 6 months from the date when the actual employment is initiated. As per guideline the employer need to first publish an ad regarding the employment and do a round of interviews with local Americans. Once it is done the record regarding the same has to furnish before the labor department and immigration department to prove that it is worth hiring somebody from outside the country.

b. The employer should always check before that the person whom it intends to immigrate is eligible for being a legal resident or not. You should always ask your future employee to provide you necessary document when required. Without effective collaboration between the employee and the employer getting an employment based visa is quite tough.

c. For certain positions for which the employer intends to hire a foreign employee sometimes need to file for specific labor permissions and in turn need to file for I-140 also. This is something the employer needs to keep a track of.

d. One should also keep in mind the dependants of the immigrant employee don’t fall under the same visa guidelines. Like in case of H1B the dependants generally get H4 visa status. So if your employment contract has provisions regarding supporting the employee’s dependent family also, this is an important thing that the employer need to keep in mind

Other than the above key points, the employer should also be ready with key document of the immigrant employee whom it intends to hire like education certificate, criminal certificate and various other important documents necessary to verify and validate the reason why it aims to hire an Immigration Lawyer New York.

About the Author

I am Immigration Lawyer in New York, US.provides services in various field of Immigration laws, Civil laws, Criminal laws, Family law, Consumer cases, Property related matters, Matrimonial related matters &drafting and vetting of various agreements

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Author: Alexis Watson

Alexis Watson

Member since: Sep 11, 2016
Published articles: 40

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