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Key points about an employer petition for immigrant employees

On Behalf of | Aug 31, 2022 | US Immigration Law

The United States is becoming increasingly strict about its immigration policies and that is especially true for people who are specifically coming to the country to work. Illinois employers who are considering prospective employees from other countries will have certain responsibilities if they are providing a sponsorship. One of the most important aspects of person legally coming to the United States to work is the petition. Employers must be aware of the details of who can be sponsored, why and what the petition entails. Having professional legal assistance may be imperative in these cases.

Essential facts employers should know about the employee petition

Regardless of whether the employer is sponsoring an EB-1 priority worker, an EB-2 professional with an advanced degree or exceptional ability, an EB-3 professional or skilled worker, or an EB-4 special immigrant, there must be a petition. The petition serves a key role in the process.

The employer who fills out the petition commits to hiring that person once the petition is approved. The employee must be qualified for the job and able to fulfill its requirements. The employer is agreeing that they have these skills and will be given the job once they come to the United States to stay. The immigrant is subsequently in line with other candidates for jobs based on EB-1 through EB-4. When their turn comes up, they can seek permission to come to the United States and work at the job the employer is offering.

The employer’s petition is important because the date on which labor certification is filed with the Department of Labor (DOL) is the “priority date.” When there is no labor certification necessary, the petition is filed with the United States Citizenship and Immigration Services (USCIS). The sooner it is filed, the sooner the immigrant’s opportunity to come to the U.S. will be.

For immigrant employment issues, legal assistance may be necessary

It can be a smoother path for prospective immigrants to come to the United States if they already have a job offer and the employer is prepared to sponsor them. Still, there are basic rules that must be followed. For the employer and the immigrant employee, the petition is a vital aspect of the process.

Since there are many jobs immigrants are well-suited for, they may fit into one of the four categories and have employment waiting for them. Even with that, there are often obstacles and missteps that can delay or derail the process. Having professional assistance that understands the ins and outs of business and U.S. immigration law is useful to complete the process correctly.

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