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Frequently Asked Questions about Immigration Law

Q: What steps must an employer take to sponsor a foreign national for full-time, permanent employment in the US?

A: The employer will need to first determine which category of employment-based visas the foreign national is eligible for (EB-1, EB-2, EB-3 or EB-4). Next, the employer then must determine whether a labor certification from the Department of Labor is required for the particular class. If one is required, the employer must have the certification approved prior to filing a petition with the US Citizenship and Immigration Services office to obtain a visa for the worker.

Q: What is the PERM process?

A: PERM is the process employers must use to apply for permanent labor certification from the Department of Labor (DOL) for foreign nationals they seek to hire for permanent, full-time employment in the US. As part of the PERM process, regulations were passed that require employers to conform to specific standards in the certification process, including in their recruitment efforts. See Title 20 of the CFR, Part 656 for a complete list of the PERM regulations.

The Law Offices of Richard A. Gump, Jr., wishes to expand client knowledge in the area of employment immigration. We are experienced in handling all areas of immigration, including family related immigration, special circumstances that arise in immigration, and all employment immigration compliance, verification, visa applications and petitions. To speak with a highly experienced and knowledgeable immigration lawyer, contact us to schedule an appointment.

Immigration, Employer Focus - An Overview

Immigration law is central to many employers' concerns. It is an area that has become increasingly important in the past few years. Immigration law and the agencies charged with implementing and overseeing US immigration policy have undergone dramatic changes and restructuring. Given the complexity of this type of law and the impact it can have on businesses both large and small, it is important for employers to be well advised on immigration issues. For more information on employment-related immigration matters, contact an attorney at our firm today.

Key Immigration Concepts and Terms

There are a few key immigration law concepts and terms that an employer should be familiar with. Understanding these terms can help employers interpret and implement immigration policies. Contact our firm to speak with an experienced immigration attorney about your business's immigration concerns and needs.

PERM Process

If an employer wishes to hire a foreign national for permanent employment in the United States, the employer must receive permanent labor certification from the Department of Labor (DOL), also known as PERM. If you have questions about submitting a PERM application, contact an experienced immigration attorney at our firm today.

Classes of Employment-Based Visas

The first step for an employer desiring to employ a foreign national for full-time employment is determining if the worker is eligible for permanent residence. There currently are four groups prioritized based on occupational preferences mandated by Congress. Contact our firm to discuss your business&s employment immigration needs with an experienced immigration attorney.

Applying for Temporary Worker Visas

Sometimes an American employer may only need workers for temporary or seasonal work. In these cases, the foreign workers will not be eligible for employment-based visas, but may be eligible for nonimmigrant visas for temporary workers. For more information on the differences between nonimmigrant and immigrant visas, contact an experienced immigration attorney at our firm today.

Types of Temporary Worker Visas

Temporary work visas allow foreign nationals with valuable skills and knowledge to come to the US on nonimmigrant visas for temporary employment. Below is a listing of some of the types of temporary work visas available to foreign nationals. For more information on hiring temporary foreign workers, contact an immigration attorney at our firm today.

Immigration, Employer Focus Resource Links

US Citizenship and Immigration Services (USCIS)
The USCIS is a branch of the Department of Homeland Security and is responsible for most immigration-related applications and authorizations. The site provides useful information for foreign nationals seeking to immigrate to the US permanently and those wishing to stay temporarily on nonimmigrant visas.

US Department of Labor
The Department of Labor promotes the welfare of workers by improving working conditions and advancing employment opportunities. The site provides useful information for employers seeking temporary, seasonal or permanent employment for foreign workers, including important information on labor certifications, prevailing wage assessments and recruitment reports.

Foreign Labor Certification Permanent On-Line System (PERM)
System established in March 2005 for employers to apply for labor certification for foreign workers they wish to hire for full-time, permanent employment in the US. For many categories of employment-based visas, applying for and receiving a labor certification from the Department of Labor is the first step employers must take to hire foreign workers.

US Department of State: Visas
The site provides information on visas for immigrants and nonimmigrants, tools for locating US embassies and consulates in foreign countries and estimated visa wait times by city.

Business Visa Center
A site sponsored by the US Department of State to provide assistance to businesses in the United States and their partners, customers and colleagues in securing employment-based visas for foreign nationals.

The Law Offices of Richard A. Gump, Jr., serve clients in the cities including, Dallas, Fort Worth, Plano, Richardson, Carrollton, McKinney, Arlington, Irving, Denton, Frisco, Allen, Grand Prairie, DeSoto, Waxahachie, Highland Park, University Park, Lubbock, counties including, Collin County, Dallas County, Tarrant County, Denton County, Johnson County, Ellis County, Bell County, and McLennan County, also representing the State of Oklahoma.