If an employer in Georgia wants to hire an immigrant, he/she can do so if the appropriate paperwork is filed with U.S. Citizenship and Immigration Services (USCIS) and approved. Many employers may choose to fill temporary positions with individuals from other countries when there is a shortage of U.S. workers or the individual is highly skilled in a particular field. In order to start the process, an employer would typically need to file Form I-129, Petition for a Nonimmigrant Worker with USCIS.
Once the petition is approved, the prospective employee can then apply for admission to the U.S. or apply to change their current nonimmigrant employment visa to another type of employment visa if they were already working in the U.S. To ensure the process runs smoothly and the applications are properly filled out filed, it is always a good idea to have an Atlanta, GA immigration lawyer assist with the process.
After an Employee Begins Working in the U.S.
After a foreign national has been authorized to work for an employer, they will be permitted to stay in the U.S. for the period in which their visa allows. When it comes time for an employee’s visa to expire, he/she will either need to return home, or if their employer needs them to work for an additional period of time, their employer will need to file a petition to extend the employee’s status. It is extremely important for the employer to submit the petition before their employee’s visa is set to expire.
What happens if the extension isn’t granted before an employee’s visa expires?
If the employer submitted the petition before the expiration date and the employee “has not violated the terms of his or her status,” USCIS says he/she can continue working for a period of up to 240 days or until USCIS makes a decision on the petition. In the event a petition for an extension is denied and the employee’s visa expired, they must “cease employment immediately and depart from the United States.” Should this happen to a foreign national who believes a mistake was made on their petition, they should contact Kuck | Baxter Immigration to find out what their options are.
Kuck | Baxter Immigration Can Assist Employers Who are Looking to Hire a Foreign National
The paperwork associated with hiring a foreign national to work in the U.S. can be confusing, and if it is not properly filled out, it could cause the application to be denied. To reduce the chances of having this happen, it is best to have an immigration attorney help with filling out the forms. The lawyers at Kuck | Baxter Immigration are not only qualified to assist with getting a petition filed to bring a foreign national into the U.S. to work, but they can also address any issues that might arise during the application process.
Kuck | Baxter Immigration can be reached at:
365 Northridge Road, Suite 300
Atlanta, GA 30350