Role of a DC Employment Visa Attorney

The timeline and the deadlines for USCIS are extremely important and nonnegotiable. Also, the requirements for qualifying are extremely rigorous and detailed. Most employers do not have time to figure out the system. It is not worth it for them to have someone on staff who is able to navigate the system effectively. There are some bigger companies that have teams of in-house attorneys to just process H1B applications and other types of employment-based visas, particularly some of the big tech companies. However, for the most part, it is just not cost-effective and a DC immigration attorney who handles employment visas is a better choice.

Employment Immigration Attorneys and Prospective Employees

Employment immigration relates to people whose legal status in the United States depends on their jobs. There are a number of employment-based visas available to international persons interested in working in America, including the H1Bs. Additionally, some of these visas can lead to permanent resident status.  

In certain cases, employers may be trying to bring individuals over from abroad if they are unable to find adequate workforce within the United States. There are very strict limitations on employers who are merely trying to find a cheaper workforce. That is not the purpose of the employment-based immigration system. Most employment-based applications have requirements that protect U.S. workers. Additionally, they do not allow an employer to pay below the prevailing wage in the United States for similar occupations in that geographic area. Some do not allow an employer to hire people for jobs for which there are U.S. workers available.

Important Conditions for Hiring Foreign Employees in DC

For most of the applications, the employer needs to know their responsibilities in hiring a foreign worker. For instance, for an H1B application, employers need to ensure that they are paying the prevailing wage so as not to take advantage of lower wages. In order to qualify for employing international workers, businesses have to prove this understanding to the Department of Labor. The employer must also be aware that they will be responsible for paying all the immigration petition fees, including lawyer and government filing fees.

Additional Qualifications

There are a number of conditions that the employee has to meet in order to qualify for an opportunity in the United States. There are also conditions that the job itself must meet before the employer is eligible to fill it with a foreign worker. For the most part, they have to be jobs that require a bachelor’s degree. However, there are some exceptions to this, including agricultural workers and short-term seasonal workers.

Non-Temporary and Temporary Employment Visas

Non-temporary employment based visas are those that lead to a permanent lawful status in the United States. For those, there is a more rigorous application process. You have to go through something called the PERM process, which requires the employer to advertise the job to U.S. employers. You have to prove that you have advertised the job in recruiting publications and that you have also interviewed U.S. citizens to try to fill the job. You have to make a concerted and documented effort to find a U.S. employee to fill the position.

For the temporary employment based visas like the H1B, you do not have to go through that process. You just have to prove that this employee is qualified for the position, that the position does qualify for the H1B because it requires a bachelor’s degree and meets a number of other criteria, and that you will be paying the prevailing wage for that position in your geographic region. The prevailing wage rule is in place so that you are not undercutting the job market in your area by paying a lower wage