Employers must verify that an individual whom they plan to employ or continue to employ in the United States is authorized to accept employment in the United States. As an employer, you may require the services of a foreign national to work at your company or business. If the individual is already a permanent resident (green card holder), you may hire that individual, but you must comply with the employment verification requirements.
If the alien is not already a permanent resident, you will need to file a petition so that the individual may obtain the appropriate immigrant or non-immigrant classification. You may chose to file an immigrant petition (permanent) or a non-immigrant petition (temporary) on behalf of that employee. You do not need to hire an immigration attorney to process the petition. HR Business Partners will complete the petition and ensure the proper process is followed in order to secure appropriate classification with the United States Citizenship and Immigration Services.
By using HR Business Partners for this service, you will save approximately half the cost of hiring an immigration attorney. We ensure the proper process is followed and work efficiently to process the petition quickly. We specialize in processing H-1B petitions for candidates who are working in highly technical occupations such as electrical engineering, software engineering, and programming.
Some non-immigrant categories require that a U.S. employer obtain a certification of labor condition application from the Department of Labor. That application requires the employer to state (“attest”) that it will comply with the following requirements:
- The employer must pay a wage that is no less than the wage paid to similarly qualified workers or, if greater, the prevailing wage for the position in the geographic area.
- The employer must provide working conditions that will not adversely affect other similarly employed workers.
- The employer must attest that there is no strike or lockout at the place of business of the prospective temporary worker.
- The employer must give notice to the bargaining representative or post a notice at the place of business that a labor condition application has been filed with the DOL.
As part of this process, HR Business Partners will research the appropriate information and file the Department of Labor Condition Application on behalf of your organization.
We follow the process outlined by the USCIS http://www.uscis.gov/files/form/i-129instr.pdf and use our expertise to process the petition efficiently with the intention of gaining approval as quickly as possible. We work directly with the beneficiary to provide us with the information we need for the petition.