Many United States companies choose to bring in skilled workers and professionals from other countries. The rules and regulations governing employment-based immigration are exceedingly complex. If you are an employer who desires to hire a foreign worker or if you are an immigrant or non-immigrant employee, it is important to pay the strictest attention to every detail.
Obtaining Temporary Business-Related Work Visas
We prepare and file non-immigrant worker petitions with the USCIS. The firm provides this service to corporate, governmental and non-profit organization clients interested in employing a foreign national in an executive, managerial or otherwise professional capacity.
These visa categories include H, J and L visas. Aliens seeking to come to the U.S. for purposes of trade (E-1) or to invest in the U.S. (E-2) also seek our service. The firm also handles all the other non-immigrant visa categories from A through V.
Obtaining Employment-Based Permanent Residence Petitions
Many clients wish to retain their foreign executives or managers, professionals, skilled workers and non-skilled workers on a permanent basis. We assist clients in preparing and processing alien labor certification applications with the U.S. Department of Labor and also work to obtain approval of employment-based immigrant visa petitions with the USCIS.
IRCA and I-9 Compliance for U.S. Employers
The immigration laws make it illegal to employ foreign nationals who lack USCIS permission to work in the U.S.A. With very limited exceptions, employers are required to verify that all employees (even U.S. citizens) are authorized to work in the U.S.A. by timely completing and maintaining Forms I-9. Penalties may be imposed against employers for knowingly hiring and continuing to employ an unauthorized worker, and/or for failing to complete and/or maintain the required documentation.
Employing Immigrant Healthcare Personnel
The U.S. is facing a shortage of qualified medical personnel, in particular nurses. Many healthcare facilities are choosing to bring in qualified staff from other countries. It is often possible to secure temporary employment visas and permanent resident alien status for foreign national employees and their families.
When working with the delicate issue of immigration, it is essential to ensure accuracy down to the minutest detail. As an employer, you want to preserve your bottom line while complying with government regulations regarding your employees.
Types of Visas for Healthcare Professionals
When a medical professional such as a doctor, nurse or physical therapist wishes to work in the United States, he or she must obtain a visa or green card. He or she may also be subject to medical license testing depending on employment requirements.
- H-1B visas – Available for up to six years for employees with university degrees or the equivalent of a university
- O-1 visas – For up to six years, visas for foreign national employees possessing extraordinary ability in their field
- J-1 or H-3 visas – Available for up to 18 months of career training
Options for Permanent Residence
Permanent residence is possible on an employment offer to virtually any prospective foreign national employee if an application for permanent employment certification to the United States Department of Labor is approved, because there were no minimally qualified U.S. applicants for the position after it is advertised.
Law Office of Edward Wong
2333 Camino Del Rio South
San Diego, CA 92108
Monday - Friday 9 a.m. - 5:30 p.m.
Same Day Appointment Available
Immigrant and Non-Immigrant Visas