If you are a business owner, employer, or manager in the United States and your company’s needs require that you hire a foreign national, then you need to obtain the services of a business immigration attorney. Although in many cases you are legally allowed to hire foreign citizens, immigration law requires that certain procedures be followed and that certain documentation is obtained. Failure to follow these procedures or obtain this documentation can have serious legal complications, the least of which can be a very hefty fine for your company, legal action against you as an individual, and even possible deportation for your employees.
It is for that reason, then, that retaining a business immigration attorney becomes such a crucial step in the hiring process. With the guidance of this trained and experienced professional, you will avoid many of the potentially disastrous missteps that can be so costly.
Before hiring a foreign national, it is important to determine their current legal status in the United States. If the individual is already a permanent resident here, meaning they have a green card, then you may hire them as long as you follow the proper employment eligibility verification procedures. However, if they are not currently a legal resident of the United States, then your duties and requirements as the hiring party change. You may file a petition on their behalf, either immigrant or nonimmigrant, depending on whether their desired work status is to be permanent or temporary. Your attorney can advise you as to which classification is more appropriate, and then guide you through the necessary steps.
As with any dealing with any government agency, correctly applying for the requisite permissions and authorizations to legally hire foreign nationals necessitates the filling out of multiple government forms, providing copies of all pertinent documentation, and then making sure that all this paperwork is submitted to the correct individual at the correct government agency.
If all of this sounds confusing, that’s because it is. Just because the qualified applicant that you want to hire is of foreign origin, that doesn’t mean that you then want to become an expert on immigration law. This is the job of a business immigration attorney. They can help you slog through the morass without letting you get too bogged down in red tape.
Dealing with immigration when you want to hire foreign workers can be a delicate affair. You value your workers and their contributions, so when it comes time to review their residency or citizenship classification, don’t waste your time and jeopardize their future by trying to go it alone. This is a job best left to professionals.