Employers/Employees

Information for Employers and Employees

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. For more information about the employment authorization verification process, see the “About Form I-9 and E-Verify” link to the right.

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 nonimmigrant classification.  You may chose to file an immigrant petition (permanent) or a nonimmigrant petition (temporary) on behalf of that employee. The links to the left provide information on how to petition and the different eligibility categories.

Employees

No alien may accept employment in the United States unless they have been authorized to do so. Some aliens, such as those who have been admitted as permanent residents, granted asylum or refugee status, or admitted in work-related nonimmigrant classifications, may have employment authorization as a direct result of their immigration status. Other aliens may need to apply individually for employment authorization.

There are many ways in which a person may be able to work in the United States. You may seek an immigration classification that permits you to live and work in the United States permanently or temporarily. In most instances, your employer or potential employer must petition for you. In the links to your left, you will find more information about coming to the United States to work temporarily or permanently and the many different eligibility categories for working in the United States.

US Federal Tax Information

Employers who employ foreign workers may be subject to special U.S. Tax withholding rules. 

Aliens employed in the U.S. may have a U.S. tax obligation.  Please see the Internal Revenue Service (IRS) for more information.

Additional Information

  • General employer information:  1-800-357-2099

Petition Process Overview

 If you would like to come to the United States to work permanently or temporarily, your employer or potential employer will need to file a petition on your behalf.

Review the information below to determine which petition should be filed on your behalf.

Form I-129, Petition for Nonimmigrant Worker

Below is the list of Form-129, Petition for Nonimmigrant Worker categories:

  • E-1 Treaty Trader
  • E-2 Treaty Investor
  • E-3 Treaty Trader (Free Trade Professionals from Australia)
  • H-1B Nonimmigrant in a Specialty Occupation
  • H-1B1 Singapore and Chile Nationals in a Specialty Occupation
  • H-1B2 Department of Defense Worker
  • H-1B3 Fashion Model
  • H-1C Registered Nurses
  • H-2A Seasonal Agricultural Worker
  • H-2B Seasonal Non-Agricultural Worker
  • H-3 Nonimmigrant Trainee
  • I Representative of Foreign Information Media
  • L-1A Intracompany Manager or Executive
  • L-1B Intracompany Transferee (with unique or specialized knowledge)
  • O-1 Nonimmigrant of Extraordinary Ability
  • O-2 Support Personnel of an O-1
  • P-1A Internationally recognized athlete
  • P-1B Internationally recognized athlete
  • P-2 Reciprocal Exchange Visitor
  • P-3 Artist of Entertainer in a Culturally Unique Performance
  • R-1 Religious Worker
  • TN North America Free Trade Agreement (NAFTA) Professionals

Form I-140, Petition for Immigrant Worker

Below is the list of Form I-140, Petition for Immigrant Worker categories and their criteria:

  • First preference employment-based immigrants
    • Aliens of extraordinary ability
    • Multinational executives
    • Outstanding professors or researchers
  • Second preference employment-based immigrants
    • Members of the profession holding an advanced degree
    • Aliens of exceptional ability
    • Aliens seeking a national interest waiver
  • Third preference employment-based immigrants
    • A professional or skilled worker
    • Other workers
    • Schedule A nurses and physical therapists

Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant

Below is the list of Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant categories:

  • Fourth-preference employment-based immigrants
    • Certain special immigrants

Form I-526, Immigrant Petition by Alien Entrepreneur

Below is the list of Form I-526, Immigrant Petition by Alien Entrepreneur:

  • Fifth preference employment-based immigrants (entrepreneurs)

For more information on these eligibility categories, see the links to the left.

If we approve a petition submitted by your prospective employer, we will send a Form I-797, Notice of Action/Approval to your employer, who will then forward it to you.  This approval notice may be used as evidence of your status if you are in the United States or can be used to apply for a visa at a U.S. consulate or embassy abroad.  For information on applying for a visa outside the United States, please see the “Consular Processing” link to the right.

It is important to note that an approval notice is not a visa. You must apply for a visa at a United States embassy or consulate.

For information on the visa application process, see the “Department of State” website.

 

Employer Information

As an employer, you may need to hire foreign labor when a U.S. citizen is not available. As a starting point you will need to consider whether you wish to petition for permanent residence (a green card) for your prospective employee to work here permanently or whether you wish to petition for someone to come temporarily to the United States to fill an employment need.

Permanent Workers

Foreign workers may obtain permanent residence (a green card) if they are able to establish that they have unique skills, or are being offered a job in the United States that will not displace a U.S. worker or have an adverse effect on wages and working conditions of U.S. workers. This determination is made by the Department of Labor and is demonstrated by obtaining a “labor certification.”

Permanent worker visas are broken into five preference categories. For a description of the preference categories, see the “Permanent Workers” link to the left.

Department of Labor: Labor Certification

A U.S. employer who is “sponsoring” or petitioning for a permanent worker may be required to obtain a labor certification from the Department of Labor (DOL) verifying that there are an insufficient number of available, qualified, and willing U.S. workers to fill the position, and that the employment will not have an adverse effect on the wages and working conditions of similarly situated U.S. workers. For more information, see the “Permanent Labor Certification” link to the right.

Permanent Residence (a Green Card) Through a Job Offer

For information on how you can obtain a green card see the “Green Card Through a Job Offer” link to the right.

Temporary Workers

There are several temporary (nonimmigrant) categories which allow a foreign national to work in the United States. For a list of these nonimmigrant categories of temporary workers, as well as information on the petitioning process, see the “Temporary Workers” link to the left.

Department of Labor: Labor Condition Application

Some nonimmigrant 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.

How To Verify Employment Eligibility (Form I-9 and E-Verify)

All U.S. employers must verify the employment eligibility and identity of all employees hired to work in the United States after November 6, 1986 by completing an Employment Eligibility Verification form (Forms I-9) for all employees, including U.S. citizens. Employers who hire or continue to employ individuals knowing that they are not authorized to be employed in the United States may face civil and criminal penalties.

Additional Information

  • General employer information:  1-800-357-2099
Home >> Immigration>> Employers/Employees
259 Union Street Hackensack, New Jersey 07601
Phone: (201) 646-9799 | Fax: (201) 646-9476 | Email: gomez@gomezlegal.com