Fairfax, VA Immigration Attorney for Employer Compliance

Employment-Based Immigration Lawyer Helping Employers With I-9 Verification in Fairfax

Employers in the United States can sponsor foreign workers for temporary work visas and employment-based Green Cards, but they must follow strict requirements when doing so to ensure that they comply with U.S. immigration laws. As they address concerns related to verifying eligibility for visas or Green Cards and filing petitions on behalf of employees, employers will need to complete multiple steps while paying close attention to the detailed information that must be submitted.

To make sure all of these issues will be addressed correctly, employers can partner with The Estevez Group, PC. Our attorney works with businesses to navigate these complex matters and address any challenges they may encounter.

Employer Requirements for Sponsoring Foreign Workers

Sponsoring a foreign worker involves several key responsibilities, including demonstrating the need for a foreign worker and ensuring compliance with federal labor and immigration regulations. Key requirements include:

• Demonstrating the Need for Foreign Workers: An employer must prove that they need to hire a foreign worker to meet specific needs and that doing so will not have a negative effect on workers who are already in the United States. Depending on the type of application, an employer may need to file a Labor Condition Application (LCA) or receive a labor certification from the U.S. Department of Labor (DOL).
• Offering a Bona Fide Job Opportunity: An employer must provide a foreign worker with a legitimate job offer that aligns with their skills and qualifications. Job descriptions, salary offers, and other terms of employment must meet legal standards.
• Compliance With Wage and Labor Laws: An employer must pay at least the prevailing wage for the position, and they cannot pay a foreign worker less than they would pay to similarly qualified workers in the U.S. Additional conditions may apply to ensure fair treatment of both foreign and domestic workers.
• Filing Appropriate Visa Petitions: An employer must file a petition with U.S. Citizenship and Immigration Services (USCIS) on behalf of the worker. For temporary work visas, Form I-129 will typically be filed, and for immigrant visa petitions, an employer will usually file Form I-140.
• Completing I-9 Verification: An employer must verify the worker's employment eligibility by completing Form I-9 and retaining it as required by federal law.

Filing a Petition for an Employment-Based Visa

The process of sponsoring a foreign worker typically begins with filing the appropriate visa petition. While requirements vary by visa type, the general process includes the following steps:

1. Determine the Appropriate Visa Category: An employer must identify the visa that best suits the worker's qualifications and the job requirements. H-1B or L-1 visas may be used to provide temporary work authorization for certain workers, or different categories of EB visas may be appropriate for workers who will be permanently immigrating to the United States.
2. Obtain Labor Certification: Depending on the visa type, an employer may need to file an LCA with the DOL or obtain a labor certification to demonstrate that hiring a foreign worker will not negatively impact the U.S. workforce.
3. File the Visa Petition: Once the necessary approvals are obtained, the employer will file a petition with USCIS, including supporting documentation such as the worker's qualifications, job offer details, and proof of compliance with wage requirements.
4. Respond to Requests for Evidence (RFEs): If USCIS requires additional information, an employer must respond promptly and thoroughly to avoid delays or denials.
5. Work Authorization and I-9 Verification: After the visa is approved, an employer must complete Form I-9 to verify the worker's employment eligibility.

Completing the Application Process With the Help of a Skilled Attorney

The Estevez Group, PC provides comprehensive assistance to employers who are seeking to sponsor foreign workers. Our services include:

• Advising on Visa Options: Our lawyer can evaluate an employer's needs and recommend the most suitable visa categories for their workforce.
• Preparing and Filing Petitions: We can draft and submit all required forms and supporting documents to USCIS and other agencies.
• Responding to RFEs: Our attorney can work with an employer to address requests for additional evidence efficiently and effectively while minimizing delays.
• Ensuring Compliance: We will help an employer meet all of their obligations under immigration and labor laws, including I-9 verification and recordkeeping.
• Resolving Issues: Our lawyer can provide guidance on how to address problems such as denied petitions.

Contact Our Fairfax, Virginia Employment-Based Immigration Lawyer for Employers

Employers and employees can benefit from sponsorship for employment-based visas and Green Cards. However, the application process is complex, and employers will need to make sure they comply with U.S. immigration laws. The Estevez Group, PC provides support for employers in Fairfax and other parts of Virginia, helping them meet their obligations and overcome any challenges that arise. Contact us today and schedule a free consultation by calling 703-829-5179.