Employment Immigration for U.S. Employers

Hiring or permanently sponsoring a foreign national is not simply the employee’s immigration matter.

The employer is often an active legal participant.

The position, wage, business operations, corporate structure, worksite, recruitment, documentation and timing can all affect the process.

Temporary Employment

Potential classifications can include:

H-1B for qualifying specialty occupations;

E-3 for qualifying Australian professionals;

L-1 for qualifying intracompany transfers;

O-1 for qualifying extraordinary-ability professionals;

and P classifications for qualifying athletes and entertainment matters.

Permanent Employment Sponsorship

Potential routes include:

EB-1B;

EB-1C;

employer-sponsored EB-2;

EB-3;

and PERM labor certification where required.

Before Making Promises to a Candidate

 

An employer should understand the immigration route before committing to a start date, job structure or sponsorship promise that may not fit the applicable classification.