Can I hire foreign workers?

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Yes. Depending on the requirements of the job you are trying to fill and the qualifications of the foreign worker, you may be able to sponsor a foreign worker for a lawful permanent residence, also known as a “green card.” Additionally, there are several non-immigrant temporary visa categories authorizing specific types of employment for specific periods of time.

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What does the process involve?

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There are two general steps when hiring foreign workers. First, you must seek a labor certification through the Department of Labor (“DOL”). To receive a labor certification, your application must convince the DOL that allowing the foreign worker to work in the US will not adversely affect job opportunities, wages, and working conditions for US workers. This is known as the PERM process and is typically the most time-consuming step. Once the certification is granted, you will need to petition the US Citizen and Immigration Services (“USCIS”) to get a visa for the foreign worker.

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What is the PERM process?

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Most (but not all) foreign workers will need to go through the PERM process. PERM requires employers to advertise the foreign worker’s prospective job position and certify that no qualified US workers are available to fill the position. Mandatory recruitment steps are required and strict posting requirements apply.

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What are the categories of visas available to foreign workers?

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Visas for foreign workers fall into two broad categories: employment-based immigration, which will lead to a green card, and nonimmigrant work visas, which will not directly lead to a green card, but serve as a stepping stone to a green card. Employment-based immigration comprises a hierarchy of five preference categories:

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• EB-1 Priority Workers, which include (1) persons with “extraordinary ability” in the sciences, arts, education, business, or athletics; (2) outstanding professors and researchers; and (3) multinational managers or executives.

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• EB-2: Persons of Exceptional Ability and Advanced Degree Professionals, which include: (1) persons with exceptional ability in the sciences, arts, or business; and (2) persons who are members of professions holding advanced degrees or their equivalent.

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• EB-3: Professionals, Skilled Workers, and Other Workers, which include: (1) professionals with a Bachelor's degree in their fields (2) skilled workers performing a job requiring at least two years of training or experience; and (3) “Other workers,” also referred to as unskilled workers.

 

• EB-4: Special Immigrants, which includes a narrow group, primarily of religious workers.

 

• EB-5: Immigrant Investors. Click here for more information. 

 

Non-immigrant work visas cover a broad range of different kinds of work, from professionals (H-1B), to seasonal laborers (H-2A and H-2B visas), to scientists, educators, and businessmen (O-1 visa), and to athletes and entertainers (P-1, P-2, P-3 and Q-1 visas). The most common non-immigrant visa is the H-1B visa, which authorizes work in a profession requiring at least a bachelor’s degree. If you are considering hiring a foreign worker, you should contact us for a more thorough explanation of all the visa options.

 

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How long will the process take?

 

It will typically take two years for a foreign worker to obtain a green card. However, the foreign worker will usually not have to wait for a green card to being working in the US. Once the labor certification has been granted, which will typically take around six months, the foreign worker will be eligible for a visa and can begin working.