Honolulu Attorney Helps Employers with Immigration Needs
Businesses can benefit from experienced legal assistance to handle visas, permanent residence and temporary situations
Employers looking to fill their positions may wish to look at talent from outside the United States when a U.S. citizen is not available. The Law Offices of KahBo Dye-Chiew in Honolulu, Hawaii has an exceptional reputation for assisting employers with immigration matters.
There is some basic information an employer should know when hiring foreign workers. Immigration law is complex, and there are nuances to the visas, forms and processes that should be further explored with a lawyer.
Employment eligibility of all employees must be verified
Using Form I-9, you must verify the eligibility and identity of all employees you hire to work in the United States, including U.S. citizens. Failure to do so may result in civil and criminal penalties. A self-audit checklist is available to help you through this step.
Temporary workers require nonimmigrant visas
As an employer, you may decide you need temporary workers. In this case, you can petition in one of several nonimmigrant visas categories. Attorney KahBo Dye-Chiew can advise you on your best options and guide you through the complex process.
Department of Labor — labor condition application conditions must be met
When hiring a temporary worker from outside the United States, you may need to get a certification of labor condition, depending on which category of nonimmigrant visa applies to your situation. When filling out this application, you must attest that you will comply with certain conditions, including:
- Pay the prospective worker wages no less than those paid to similarly qualified workers
- Provide working conditions that do not disadvantage other similarly employed workers
- Assert that a strike or lockout condition does not exist
- Provide notice to the bargaining representative or post notice that you have filed a labor condition application with the U.S. Department of Labor
Hiring permanent workers with unique skills must not displace U.S. workers
If you decide to hire permanent workers, they may obtain permanent residence with a green card if they are able to demonstrate unique skills or have received a job offer in the United States that does not go against the best interest of the United States. The Department of Labor determines that interest, demonstrated by a labor certification. Visas for permanent workers fall into these categories of preference:
- EB-1 — Persons of extraordinary ability in the sciences, arts, education, business or athletics, including outstanding professors and researchers and multinational executives and managers
- EB-2 — Professionals with advanced degrees or persons with exceptional ability in the arts, sciences or business
- EB-3 — Professionals, skilled workers and other workers
- EB-4 — Special immigrants, including religious workers
- EB-5 — Business investors injecting a large amount of money into new businesses that create jobs
A permanent residence green card can be granted through a job offer
If permanent residence is your intent, your prospective worker can obtain a green card based on your offer of employment in the United States. As the employer, you must get a labor certification and then file Form I-140, Immigrant Petition for Alien Worker.
Department of Labor — labor certification may be required
If you are sponsoring or petitioning for a permanent worker, you may need to obtain a labor certification demonstrating there is an insufficient number of available, qualified and willing workers in the United States to fill that position. You must also verify that filling the job with foreign labor does not adversely affect wages and working conditions of U.S. workers.
Work with an immigration attorney with two decades of experience
The Law Offices of KahBo Dye-Chiew in downtown Honolulu has been helping small businesses and large corporations secure the talent they need to thrive in today’s competitive marketplace. Call 866-510-7082 or contact the firm online and schedule a consultation with a skilled immigration lawyer.