Employers in Nevada and California must confirm that anyone they plan to hire is authorized to accept employment in the United States. An experienced U.S. immigration lawyer in the Las Vegas area can help employers with compliance and other immigration-related concerns.
If the prospective employee is not already a permanent resident, the employer will need to file an immigrant petition (for permanent employees) or a nonimmigrant petition (for temporary employees) on behalf of that employee.
Foreign nationals may not accept employment in the U.S. without authorization. Some foreign nationals, including permanent residents, those granted asylum or refugee status, and those in work-related nonimmigrant classifications may already have employment authorization based on their migration status.
Others may need to apply individually for authorization; in most cases, your employer or prospective employer must petition for you. Employers who hire international workers should be aware that you may be subject to special tax withholding rules, and international employees working in the U.S. may have a tax obligation here.
A U.S.-based employer who is sponsoring or petitioning for a permanent employee may also be required to obtain a labor certification from the Department of Labor verifying that there is 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 U.S. workers in similar situations. An immigration attorney can explain more about labor certifications and help employers with the paperwork.
In California and Nevada, an experienced U.S. immigration lawyer in the Las Vegas area can help employers develop a proper hiring strategy and stay in compliance with an array of strictly-enforced immigration laws.
Both the employers of foreign nationals and foreign nationals themselves should have an experienced migration attorney answer any questions or concerns regarding work visas or legal statuses. Don’t stumble into legal trouble; get the advice you need by speaking at once with an immigration attorney in the US.