If you have a company that hires staff, there may be times when you need the services of a business immigration lawyer. Although some companies prefer to take care of all the aspects of hiring staff themselves, when it comes to hiring overseas workers, the professionals at Graham Adair say it is best to seek expert advice.
Hiring workers from another country may be necessary for your business but it can be a complicated process trying to secure the relevant visas and permits. Indeed, for many business owners, it can become a real headache. But having help and advice from professionals with experience and knowledge of the process is certainly advantageous.
What a Business Immigration Lawyer Does
There is no doubt that there are times when it is necessary for American companies to hire individuals from overseas. It could be that they are looking for specialist skills and cannot find the right candidates here, or it could be that they are looking to diversify their workplace and maybe use foreign workers to help them expand their business globally. Whatever the reason, there are strict rules that must be followed. These rules are in place to protect American workers, and permission to hire foreign workers is only given if deemed absolutely necessary.
A business immigration lawyer knows what is needed when applying for a work visa for foreign staff. It will be necessary to classify the type of work that the foreign worker will be performing, and the right paperwork must accompany the application.
Sometimes, American companies have branches overseas and may decide that a foreign worker from one of their overseas branches would benefit from working in the U.S. or has the right skillset to do a specific job. This is known as an intra-company transfer. For this type of worker, a different type of visa is required, which is known as an L classification visa.
A business immigration lawyer can help with all aspects related to hiring foreign workers, including contracts that allow for the worker to relocate their family to the U.S. Companies wishing to sponsor the family of a foreign worker must apply for the appropriate visas; it is always best to consult with an immigration lawyer to ensure this is done correctly.
Hiring Undocumented Workers
Sometimes a company will “hire” illegal immigrants without realizing. Employers are required to conduct a variety of checks on all employees, which includes ensuring that all new employees have the right to work in the U.S. This will mean making sure that an I-9 form is completed for every new employee. It is the employer’s duty to check that the information provided on the form is correct.
However, there are times when an undocumented worker will check an incorrect box on the form in order to secure work. Other times, an employer will be guilty of hiring undocumented workers by using a subcontractor instead of hiring the workers directly. Either way, the employer can be held liable and may need the help of a good immigration attorney to deal with the consequences.
It is always best to seek counsel from a business immigration attorney if you are planning to hire international staff for your business. The process of hiring foreign workers is complex and time consuming, and having expert knowledge of the paperwork you will need for every case is essential.
Business immigration attorneys can also help employers who have hired undocumented workers, whether knowingly or unintentionally. They can help the business to deal with any consequences related to these hires.