If you are a United States employer, you may actively recruit individuals to join your workforce and drive your business toward success. During your recruitment initiatives, you may come across an ideal candidate with the perfect combination of education, experience, and skills to fill an empty role. The only potential issue you may identify, though, is that this candidate may not be a U.S. citizen or permanent resident. However, if you really want to put the work in to do so, you may sponsor them for a work visa to make their employment with you possible. With all that being said, please continue reading to learn how to sponsor an employee for a U.S. work visa and how an experienced work authorization permit lawyer in Milwaukee, WI, at Sesini Law Group, S.C., can help you do so effectively.
As an employer, what types of employees may I sponsor?
First of all, before you commit yourself to the somewhat extensive and detailed process of sponsoring an individual for a United States work visa, you must confirm their eligibility for one. That is, your prospective employee must qualify for any one of the following types of employment-based (EB) visas:
- An EB-1 visa: this is generally designated for individuals with extraordinary ability in the sciences, arts, education, business, or athletics.
- An EB-2 visa: this is generally designated for individuals with exceptional ability in the sciences, arts, or business.
- An EB-3 visa: this is generally designated for professionals with a baccalaureate degree or individuals capable of performing skilled or unskilled labor for which qualified workers are not available in the U.S.
- An EB-4 visa: this is generally designated for special immigrants (i.e., religious workers; certain physicians; Panama Canal Company Employees, Canal Zone Government Employees, or U.S. Government in Canal Zone Employees; etc).
As an employer, how do I sponsor an employee for a U.S. work visa?
Simply put, your approach for petitioning to sponsor a prospective employee may differ depending on which EB visa category they fall under. For example, if you are pursuing an EB-1 visa, you may go right ahead and file Form I-140, Immigrant Petition for Alien Workers, with the United States Citizenship and Immigration Services (USCIS).
However, for EB-2 and EB-3 visas, you must first file for labor certification with the United States Department of Labor (USDOL). Of note, this labor certification requirement may be waived if your prospective employee, who is looking for an EB-2 visa, also qualifies for a national interest waiver.
Lastly, for a prospective employee seeking an EB-4 visa, you may file Form I-360, Petition for Amerasian Widow(er), or Special Immigrant, with the USCIS on their behalf.
As a U.S. employer looking for employees, there is no one better you can turn to than a skilled work authorization permit lawyer in Milwaukee, WI from our firm. So please, call us at Sesini Law Group, S.C. as soon as possible.