As an employer, it is ideal if you can find local talent who can fill the open positions you have within your place of business, but sometimes, this is neither easy or logical, which can lead you to needing to hire an alien worker. While hiring alien workers is perfectly legal, anything long-term must be done the right way according to immigration laws and regulations. To hire someone who is not a US citizen, you will have to file an immigrant petition for an alien worker with the government. Filing this petition will grant you the right to employ a non-citizen legally, but this petition can require some specific information. Here are three things you will need when filing an immigrant petition for an alien worker.
You may be required to provide a labor certification when filing the petition.
A labor certification is like a precursor that must be obtained before you can file for an immigrant petition. This labor certification is not always required, but in a lot of cases it will be, especially if you are not a large corporation and have never dealt with immigrant workers before. The labor certification asks for things like a predetermined wage, details about your business, and how many employees you need.
You may be required to provide proof that you can pay the predetermined wage.
Before you can bring an alien worker to your place of business as an employee, you must be able to show that you can provide the proffered wage amount to the employee once they are on the payroll. There are several different ways that you can go about this, but the most common is by showing current wage earners on your payroll and proof that they have been paid by your business.
You may be required to prove why you need a specific employee in your work environment.
Perhaps the alien employee has a skill set that is difficult to find locally, or maybe you have no interested parties in a particular job from local people. These are two examples of things you can use to show why you need an alien employee on your workforce. Different document requirements will accommodate different reasoning for filing, but an immigration attorney can help you track down the best way to prove your business's need because this part can be a little tricky. If you cannot show proof of your need, your filing petition could be denied.
Contact a law firm, like Tesoroni & Leroy, for more help.