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Frequently Asked Questions about Immigration Law
Q: What steps must an employer take to sponsor a foreign national for full-time, permanent employment in the U.S.?
A: The employer will need to first determine which category of employment-based visas the foreign national is eligible for (EB-1, EB-2, EB-3 or EB-4). Next, the employer then must determine whether a labor certification from the Department of Labor is required for the particular class. If one is required, the employer must have the certification approved prior to filing a petition with the U.S. Citizenship and Immigration Services office to obtain a visa for the worker.
Q: What is the PERM process?
A: PERM is the process employers must use to apply for permanent labor certification from the Department of Labor (DOL) for foreign nationals they seek to hire for permanent, full-time employment in the U.S. As part of the PERM process, regulations were passed that require employers to conform to specific standards in the certification process, including in their recruitment efforts. See Title 20 of the CFR, Part 656 for a complete list of the PERM regulations.
Immigration Issues for Employers Information Center
Lewis & Kappes is well-known for providing experienced, skilled representation to companies with immigration issues in Indiana. On our Immigration and International Law page, we go into great detail about our entire immigration practice, including links to further information about types of employment-based immigration. On this page, we provide further information about immigration law. Please read the below carefully.
The immigration attorneys of Lewis & Kappes can help you work through the documentation necessary to accomplish your immigration goals. Contact us to receive the benefit of our knowledge and experience. Our lawyers have assisted hundreds of companies with interests in the Indianapolis, Indiana area, which encompasses Bloomington, South Bend, Fort Wayne, Lafayette, Gary, and Evansville.
Immigration Law for Employer - An Overview
Immigration law is central to many employers' concerns. It is an area that has become increasingly important in the past few years. Immigration law and the agencies charged with implementing and overseeing U.S. immigration policy have undergone dramatic changes and restructuring. Given the complexity of this type of law and the impact it can have on businesses both large and small, it is important for employers to be well advised on immigration issues. For more information on employment-related immigration matters, contact an attorney at our firm today.
Key Immigration Concepts and Terms
There are a few key immigration law concepts and terms that an employer should be familiar with. Understanding these terms can help employers interpret and implement immigration policies.
PERM Process
If an employer wishes to hire a foreign national for permanent employment in the United States, the employer must receive permanent labor certification from the Department of Labor (DOL), also known as PERM.
Classes of Employment-Based Visas
The first step for an employer desiring to employ a foreign national for full-time employment is determining if the worker is eligible for permanent residence. There currently are four groups prioritized based on occupational preferences mandated by Congress.
Applying for Temporary Worker Visas
Sometimes an American employer may only need workers for temporary or seasonal work. In these cases, the foreign workers will not be eligible for employment-based visas, but may be eligible for nonimmigrant visas for temporary workers.
Types of Temporary Worker Visas
Temporary work visas allow foreign nationals with valuable skills and knowledge to come to the U.S. on nonimmigrant visas for temporary employment. Below is a listing of some of the types of temporary work visas available to foreign nationals.
Immigration Law for Employers Resource Links
U.S. Citizenship and Immigration Services (USCIS)
The USCIS is a branch of the Department of Homeland Security and is responsible for most immigration-related applications and authorizations. The site provides useful information for foreign nationals seeking to immigrate to the U.S. permanently and those wishing to stay temporarily on nonimmigrant visas.
U.S. Department of Labor
The Department of Labor promotes the welfare of workers by improving working conditions and advancing employment opportunities. The site provides useful information for employers seeking temporary, seasonal or permanent employment for foreign workers, including important information on labor certifications, prevailing wage assessments and recruitment reports.
Foreign Labor Certification Permanent On-Line System (PERM)
System established in March 2005 for employers to apply for labor certification for foreign workers they wish to hire for full-time, permanent employment in the U.S. For many categories of employment-based visas, applying for and receiving a labor certification from the Department of Labor is the first step employers must take to hire foreign workers.
U.S. Department of State: Visas
The site provides information on visas for immigrants and nonimmigrants, tools for locating U.S. embassies and consulates in foreign countries and estimated visa wait times by city.
Business Visa Center
A site sponsored by the U.S. Department of State to provide assistance to businesses in the United States and their partners, customers and colleagues in securing employment-based visas for foreign nationals.
