Employment Immigration Lawyer in Upland, CA
Dedicated Legal Assistance with Your Business Immigration Needs
As an employer, are you in need of bringing a foreign national to this country or renewing an employment visa in order to fulfill a business need? Skilled or educated foreign nationals who have been offered employment in this country can immigrate to the U.S. in various ways. Under U.S. immigration law, approximately 140,000 individuals are issued employment-based visas annually.
If you are an employer who wishes to accomplish this task, Deccan Law can provide the experienced legal representation you need throughout all phases of the process. Our firm helps businesses and prospective foreign-born employees with all of the details that can be confusing, burdensome, and time-consuming. We can help you navigate all of the complications that can arise, ensure that all bureaucratic processes and documentation are handled professionally, and oversee your case from start to finish. Our firm has had the privilege of helping countless businesses in this endeavor since our practice began.
The process for sponsoring an individual through employment-based immigration consists of many steps. Generally, these steps can include:
- Obtaining labor certification from the Department of Labor (DOL) as an employer
- After DOL approval, filing a petition with the U.S. Citizenship and Immigrations Services (USCIS) on behalf of your prospective employee under the specific classification of worker that applies
- In some cases, as an additional step, your foreign national employee can apply for a green card (lawful permanent residence) through the adjustment of status process either here in the U.S. or at a U.S. consulate in his or her home country
As an employer, you can file a petition for an employee who currently works for you or a prospective employee, whether inside or outside the country. Your employee must qualify under one of the categories established by Congress for employment-based immigration.
These categories include:
- Priority workers, such as those with extraordinary ability in an area (science, business, the arts, etc.), researchers, executives, or managers
- Professionals or those with advanced degrees
- Professionals or skilled workers
- Special immigrants, including religious workers, certain doctors, and other certain workers
You must ensure that your immigrant employee meets the requirements for the category under which the application will be filed. Your filing of the petition will then demonstrate that an employer-employee relationship exists and that your individual is qualified for the work you intend. It will also put your individual on the waiting list for a visa in his or her category. His or her place in line on the waiting list is known as the “priority date.” How long he or she will have to wait before a visa becomes available will depend on the visa category. Limits under each category are prescribed by law.
Once the individual’s priority date arrives, he or she can then submit an application for permanent residence or adjustment of status. However, in many employment-base categories, the waiting list can be lengthy. In most of these types of cases, once the individual’s priority date arrives and the residence or adjustment of status petition can be filed, his or her spouse and any unmarried children under the age of 21 can also apply for residence as dependents. As an employer, you cannot apply for these family members; they will have to do so. However, our Upland employment immigration attorney can provide all of the legal assistance needed for everyone involved in the matter.
“He was extremely patient and helpful throughout the whole process”- Melinda L.
“Deccan Law helped me through a very difficult time not only with the legalities, forms and necessary actions but was also very ...”- Deborah A.
“He covered everything we were worried about and more and now we can sleep stress free at night.”- Corey R.