Boston Attorneys Helping Businesses With Immigration Concerns
Many businesses in Boston conduct employee searches on a global scale and often find that the best candidates for their open positions reside in other countries. As such, they typically need assistance with business immigration matters. Bringing foreign nationals into the United States for work is an involved process that requires advanced knowledge and attention to detail. As such, companies hiring international workers should engage immigration attorneys to help them handle their immigration matters.
The Boston business immigration attorneys of O’Neil Hauser Mansfield, P.C., dedicate 100% of their practice to immigration, and we are proficient at handling the complexities of business immigration matters. Our attorneys have developed the skills needed to work efficiently and accurately on a wide variety of business immigration cases. Out of our office in Boston, we can help clients throughout Massachusetts, New England, and across the country.
Obtaining A Permanent Labor Certification From The Department Of Labor
Companies interviewing global candidates must take certain measures to ensure that they can legally bring any foreign nationals they hire to the United States in a timely manner. Generally, for an employee offered work on a permanent basis, employers must obtain a permanent labor certification, which is referred to as PERM, from the Department of Labor (DOL), prior to filing an immigration petition with the United States Citizenship and Immigration Services (USCIS).
To complete a PERM application, the company must demonstrate that there are inadequate workers in the United States that are qualified, available, and willing to accept a position in the area of intended employment at the prevailing wage. The company also has to show that hiring the foreign worker will not negatively affect the working conditions or wages of similarly employed workers in the United States.
Identifying Appropriate Visas
If the DOL certifies a company’s PERM application, the company will either need to seek an immigrant work visa from USCIS or, if the employee already has a work visa, verify the employee’s work authorization via Form I-9. An employer offering an employee work on a permanent basis must file an Immigrant Petition for Alien Worker Form I-140 with USCIS for the suitable employment-based preference category. Categories include Employment First Preference (E1): Priority Worker and Persons of Extraordinary Ability; Employment Second Preference (E2): Professionals Holding Advanced Degrees and Persons of Exceptional Ability; Employment Third Preference (E3): Skilled Workers, Professionals, and Unskilled Workers (Other Workers); and Employment Fourth Preference (E4): Certain Special Immigrants.
Once USCIS approves a petition, it is sent to the National Visa Center (NVC). The NVC will assign the petition a case number and will ultimately instruct the applicant to complete Form DS-261, Choice of Address and Agent unless the applicant already has an attorney. The applicant must then pay any necessary fees and submit the required immigrant visa documents. Once the NVC receives all of the required documents, the applicant will be interviewed. The officer who conducts the interview will evaluate whether the applicant is eligible to receive an immigrant visa in accordance with the United States immigration laws. Ink-free, digital fingerprint scans will be taken on the day of the interview.
Duties Imposed On All Employers
All United States employers have an obligation to comply with federal immigration laws and regulations, and if they do not, they can face significant penalties. Under the Immigration Reform and Control Act of 1986 (IRCA), all employers must confirm the employment authorization of any employee hired after November 6, 1986, via Form I-9. They must also retain their Form I-9 forms and provide them to US Immigration and Customs Enforcement (ICE) inspectors upon request. Some employers are also required to enroll in the E-Verify employment eligibility verification system, which is a system that allows employers to confirm their workers’ employment authorization and Social Security numbers. E-Verify is managed by the Department of Homeland Security and the Social Security Administration.
Duties Imposed On Corporations Seeking Temporary Workers
There are numerous nonimmigrant work visas sought by corporations for temporary foreign workers. Before filing a petition for a nonimmigrant visa, a United States corporation may be required to obtain a certified labor condition application (LCA) from the Department of Labor (DOL. In order for the DOL to certify a labor condition application, an employer has to attest that the worker will be paid a wage that is no less than what other similarly qualified workers receive, and if it is more, that it is the prevailing wage for the job and region. The employer must also prove that it will provide working conditions that will not negatively impact other workers with similar jobs and that there is no lockout or strike at the place of business of the prospective temporary worker. Some employers must also maintain Public Access Files (PAF) that are available for inspection by any member of the public, and the DOL can inspect both the PAF and other information supporting the employer’s attestations that are subject to investigation by the DOL.
Duties Imposed On Corporations Seeking Permanent Employees
Employers seeking to sponsor foreign employees for immigrant work visas, which will ultimately grant them permanent resident status, frequently have to begin the process by filing a permanent labor certification application (PERM). Before filing PERM applications for foreign workers, employers must embark on public recruitment campaigns to test the United States labor market for United States citizens that are qualified for the job in question and must demonstrate that no United States workers are qualified and willing to perform the job in question at a wage comparable to that offered to the prospective worker.
Helping You Meet Your Business Immigration Goals
There are many ways businesses can bring workers to the United States, and it is vital for any business faced with an immigration matter to consult an attorney to avoid making careless mistakes that can cause denials or delays of work visas. If you need assistance with a business immigration matter, the capable Boston attorneys of O’Neil Hauser Mansfield, P.C., can advise you of your options and aid you in pursuing your desired resolution in an efficient manner.
We have numerous bilingual attorneys and offer translation services in multiple languages, including Portuguese, Spanish, Cantonese, Mandarin, Greek, Italian, French, and Arabic. We have decades of experience dealing with multiple government agencies during the years we have practiced immigration law, and we are members of the American Immigration Lawyers Association. To schedule a consultation at our Boston office, call us at 617-855-0444 or complete our online contact form to get in touch.