Employment - Labor Certification, H-1B Visas

Employment - H-1B Visas are work visas for professional or specialist occupation. The employer must be willing to pay the prevailing wage that is determined by the government. The employer can petition for a foreign national who is qualified, and obtain a visa for a 3 year period. A spouse and children can accompany with an H-4 visa, but cannot work. The employer can petition for an extension for a maximum of 6 years, after which the foreign national has to depart for 1 year before becoming eligible to return. In special situations, the foreign national can stay beyond the 6 year maximum. Formulating and compiling the petition can be a complicated process. It is always better to retain an immigration lawyer to file for an H-1B visa. Usually H-1B visas are a stepping-stone to filing for a Green Card through the Labor Certification process.

Employment - Labor Certification (PERM) can lead to a Green Card for the foreign national worker and his or her family. The Labor Certification request is submitted by the employer (or the attorney) after the required recruitment process is completed. This recruitment process requires advertising for and interviewing candidates to test the marketplace to see if there are any available US workers to fill the job opportunity. Once the employer is "certified" he or she can petition for the foreign worker. If approved, the foreign worker can file for a green card for himself/herself and family. There are many complications that can arise through the process that can cost time and money. Once again, an immigration attorney is highly recommended.