How can foreign nationals obtain permission to work in the United States?
There are many different ways for foreign nationals to get authorization to work in the United States.
- H-2A and H-2B visas can be issued for temporary and agricultural workers.
- For those who have bachelor’s degrees, H-1B visas may be available for “specialty occupation” work.
- Foreign workers can also obtain L visas to work for an associate or affiliate office in the United States.
- Permission to work in the United States can also be obtained by an employer sponsored green card application or incident to status in another visa category.
How can a foreign national get a green card?
There are several paths to obtain permanent residence or “green card” status in the United States.
- Family members who are US citizens or permanent residents can file an immigrant petition or “I-130” so that their foreign national relative may obtain a green card.
- Employers can file immigrant petitions for sponsored employees to obtain permanent residence.
- Refugees and asylees may obtain green cards after a certain amount of time in the United States.
- Thousands of people every year obtain permanent residence through the Diversity Visa Lottery, which is offered through the Department of State.
- Green cards can be obtained for applicants of the “EB-5” program, which grants permanent residents to investors who create new jobs.
How can an employer help an employee get a green card?
The employment-based green card process has a number of steps.
- First, the employer must conduct defined recruitment steps in an attempt to employ any willing and able United States workers.
- Next, the employer must file a PERM application to obtain certification from the Department of Labor that there are no willing and able United States citizen or permanent resident applicants for the position.
- Following the labor certification process, the employer must file an I-140 Immigrant Petition on behalf of the worker, which, if approved, the worker can then use to obtain a green card when a visa is available.
How can I help my employee get his green card?
The employment-based green card process begins with the PERM application, which is a certification from the Department of Labor that there are no willing and able United States citizen or permanent resident applicants for the position. Prior to obtaining this certification, the employer must conduct defined recruitment steps in an attempt to employ any willing and able United States workers. Following the labor certification process, the employer must file an I-140 Immigrant Petition on behalf of the worker which, if approved, the worker can then use to obtain his or her green card when a visa is available.
