How do I employ a foreign worker?
First, it depends, if you are hiring for a temporary or permanent position. There are a few visa categories for temporary positions. For example, an employer wanted to hire someone for a position of engineer with a Master’s degree, we applied for H-1B. Employer was selected at the H-1B lottery and the petition was approved in three weeks. For workers with less education, H-2A or H-2B may be the best option. If the worker has been working abroad for an affiliated company, L visa may be the best option.
With respect to a permanent position, you have to test the market (advertise the position) and get a labor certification that there are no U.S. workers able, willing, qualified and available to accept the job. There are some exceptions, such as the National Interest Waiver or Schedule A pre-certification.
Please note that this article does not constitute legal advice. We simplified the law to provide general information applicable in most cases. If you would like to hire a foreign worker and would like to discuss what is the best way to do that legally, schedule a consultation with an experienced immigration lawyer in Phoenix at www.calendly.com/irena-3 or call our office at 480-425-2009.