In today’s economy, expanding your pool of potential hires is a must. There are many cases when the ideal employee lives outside of the United States, but there are steps your company can take to help them secure the necessary work permits. A dedicated green card lawyer can assist you with these issues.
If your company hopes to expand its workforce with international talent, an EB-2 visa lawyer could help. Much of this process falls to the company making the hire instead of the applicant themselves, so having the support of legal counsel is vital.
Not all foreign professionals will qualify for this program. An EB-2 visa attorney could help bring individuals with very specific backgrounds to the U.S. The most common option is for professionals with advanced degrees to qualify. This includes professionals holding a Master’s degree, Ph.D., or Juris Doctor. These degrees could be earned in the U.S. or abroad.
Two exceptions allow professionals without an advanced degree to secure an EB-2 visa. First, someone with a bachelor’s degree can qualify if they have at least five years of experience in their relevant field. Second, a person may qualify if they can show exceptional ability in certain fields, like business or the arts.
In order for a company to hire an employee from outside of the United States, it will first need to obtain a permanent labor certification from the federal government. This process, which is handled by the U.S. Department of Labor, confirms that there are not enough workers in the country who are able, willing, and available to fill the role. A company must provide this documentation to United States Citizenship and Immigration Services before the visa process can continue.
Unlike many other aspects of immigration law, this step falls to the company instead of the applicant. It is up to the business doing the hiring to petition for certification and provide any necessary documentation upon request. A lawyer could help a company secure this certification and continue with hiring an employee on an EB-2 visa.
Foreign professionals will need to meet certain qualifications before they can secure a visa and continue their career in the United States. In addition to the labor certification requirement mentioned above, applicants must also have a standing offer of employment from a company that operates in the United States.
There are some exceptions to these requirements, namely the National Interest Waiver. If a foreign worker can establish that granting them a visa is what is best for this country, the federal government could waive both the labor certification and job offer requirements.
This is good news not only for applicants but also for prospective employers as well. The certification falls to the company to handle, and it can be a long, drawn-out process. If their prospective hire qualifies for a waiver, they could save the time and money that goes into this process. An EB-2 visa attorney can advise when waivers are an option.
Bringing foreign professionals to the United States does not have to be a painful, drawn-out process. With the support of an EB-2 visa lawyer, you could secure the certification needed to bring in your next great employee. While these efforts take time, the right legal counsel can help you avoid delays. Contact us today for guidance through this process.
