For some businesses, the labor pool in Glendale or the United States overall is unable to meet the needs for some organizations. If you have no choice but to hire abroad, there are legal requirements that are strictly enforced. Any failure to comply could have serious consequences for you or your company. Thankfully, you have the option of relying on a Glendale business immigration lawyer throughout this process.
Before you attempt to hire a non-resident, you should ensure that you have complied with every aspect of federal law. When you rely on the guidance of a dedicated immigration attorney, you can grow your workforce with confidence.
One of the most important reasons for someone in Glendale, AZ to rely on a business immigration attorney is selecting the appropriate visa program and navigating the application process. The following are some of the most common options.
Arguably the most popular option is the EB-1 visa. Applicants who qualify for this visa have the highest priority when it comes to lawful permanent residency. In other words, this visa is a green card that provides the potential for becoming a U.S. citizen in the future. The EB-1 visa is for priority workers, including people with extraordinary abilities or outstanding achievements in certain academic fields. High-level business executives may also qualify.
Not all business visas provide a pathway to citizenship. The O-1 program provides non-immigrant visas for people who have extraordinary abilities in fields like education, athletics, or the arts.
While this program does not give an option to become a lawful permanent resident, it does allow for unlimited extensions as long as an immigrant qualifies. This could allow people to remain in the country to work on long-term projects like films or television. A person holding an O-1 visa can also work for multiple employers or themselves individually, and is a good option for businesses in certain industries.
One of the most important visa options for hiring foreign workers is the H-1B program. This non-immigrant visa is a straightforward way for bringing in workers who have a bachelor’s degree or equivalent to work in the U.S. These applicants must be sponsored by a prospective employer to qualify.
Identifying the right visa program is only one reason to hire a Glendale-based business immigration attorney. For many organizations, the biggest need is help navigating the Program Electronic Review Management process.
Program Electronic Review Management—or PERM—is a system that employers must navigate before they can hire a foreign worker. The goal of PERM certification is to protect the prevailing wage in an industry while also ensuring workers based in the U.S. are not overlooked for a role they qualify for.
The first step for your company is to make a good faith effort to hire domestically. If you can show that you advertised for a role and could not fill it, you may be able to obtain the certification you need.
There is also the prevailing wage component to consider. In order to prevent tamping down wages by underpaying foreign workers, your organization must show that you plan on compensating a worker based on industry standards.
If you are considering hiring foreign workers, your first step should be a call with New Frontier Immigration Law. There is more that goes into this process than selecting a worker and hiring them for an opening. You will often need to comply with PERM certification, among other requirements.
Do not put your organization at risk by handling this process alone. Reach out to a Glendale business immigration lawyer to talk over your options.
