Can an employer extend a foreign worker’s stay?

There are some situations where a company has hired a foreign worker for a temporary period of time but wants to know if they can extend it. In order for an employer to extend the stay of a temporary foreign employee, the employer will have to submit an application that petitions to extend the stay. It is important to know that the employer must file this application prior to the date in which the employee’s work visa is set to expire.

In addition, not every employer is eligible to keep a temporary foreign worker in the United States for longer. This eligibility depends on circumstances surrounding the employee. Eligible employees can include those who are in the U.S. on a valid nonimmigrant visa, have not committed any crimes that would invalidate the visa, have a valid passport, and hasn’t violated the conditions of his or her admission into the United States.

An employer will have to submit an application to the USCIS regarding the extension of their temporary foreign employee’s stay. It is important to know that the application process may vary depending on the reason for which the foreign national is employed. The visas vary as well for each type of employment. For example, religious workers are on an R-1 visa while athletes and entertainers can work in the United states on a P-1, P-2, or P-3 visa. Employers will also have to prove to USCIS in their application that the employee should stay. If a temporary employee is here with his or her family, they may also wish to extend their stay, which his a completely different application.

If you have questions about extending the stay of your temporary foreign worker employee, contact an experienced immigration attorney today.

John Sesini is an experienced immigration attorney with offices in Green Bay and Milwaukee Wisconsin. If you have any questions regarding these matters, please contact the Sesini Law Group, S.C. and obtain your initial consultation.

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