A History Of Innovation, A History Of Results
A History Of Innovation, A History Of Results
WHGC is a full service California immigration law firm that helps individuals and businesses throughout the world. In addition to our Orange County Office, we have a strategic partnership with Dacheng Law Offices in China. We have a national presence that allows us to provide outstanding service to businesses all over the world.
A business is only as strong as its people. In order to retain the best talent in your employee base, you may need to draw on resources abroad. Immigration may play a critical role in your investments and corporate success. Make sure you have an experienced attorney who understands your international business, employment and immigration needs — someone who can help your enterprise succeed.
At WHGC, we offer the comprehensive business acumen that helps local and international businesses thrive. We are dedicated to meeting the immigration needs of individuals and businesses throughout the world. Contact our office and set up a consultation today.
From our offices in Orange County, California, we have become known for our worldwide representation. We also have a strategic partnership with Dacheng Law Offices in Beijing, China. This international presence gives us the local knowledge and experience necessary to quickly and effectively resolve even the most complex immigration issues.
A business is only as strong as its people. In order to retain the best talent in your employee base, you may need to draw on resources abroad. Immigration may play a critical role in your investments and corporate success. Make sure you have an experienced attorney who understands your international business, employment and immigration needs — someone who can help your enterprise succeed.
At WHGC, we offer the comprehensive business acumen that helps local and international businesses thrive. We are dedicated to meeting the immigration needs of individuals and businesses throughout the world. Contact our office and set up a consultation today.
From our offices in Orange County, California, we have become known for our worldwide representation. We also have a strategic partnership with Dacheng Law Offices in Beijing, China. This international presence gives us the local knowledge and experience necessary to quickly and effectively resolve even the most complex immigration issues.
Our immigration attorneys have filed many successful petitions for intracompany personnel transfers, professionals with bachelor’s degrees, treaty traders, entertainers, athletes and more. Our immigration services include:
Our lawyers are qualified to represent clients before the United States Citizenship and Immigration Services (USCIS), the United States Department of Labor, the Department of State and in federal courts throughout the nation. If necessary, we will appeal immigration petitions that have been denied.
The employer will need to first determine which category of employment-based visas the foreign national is eligible for (EB-1, EB-2, EB-3 or EB-4). Next, the employer then must determine whether a labor certification from the Department of Labor is required for the particular class. If one is required, the employer must have the certification approved prior to filing a petition with the U.S. Citizenship and Immigration Services office to obtain a visa for the worker.
PERM is the process employers must use to apply for permanent labor certification from the Department of Labor (DOL) for foreign nationals they seek to hire for permanent, full-time employment in the U.S. As part of the PERM process, regulations were passed that require employers to conform to specific standards in the certification process, including in their recruitment efforts. See Title 20 of the CFR, Part 656 for a complete list of the PERM regulations.
There are a number of types of temporary work visas available. They include those for priority workers in specialty occupations, foreign nurses, temporary/seasonal agricultural and non-agricultural workers, trainees, intracompany transferees, those with extraordinary abilities in art, sciences, education and business and participants in international cultural exchange programs, among others. The U.S. government limits the number of nonimmigrant visas that can be issued for some of these categories.
As part of the labor certification process, the employer must supply the prevailing wage for the job which the employer wishes to hire the foreign worker. The prevailing wage is defined by the Department of Labor as “the average wage paid to similarly employed workers in the requested occupation in the area of intended employment.” Employers should contact the State Workforce Agency (SWA) in the jurisdiction of the proposed employment in order to obtain a copy of the prevailing wage.
As part of the labor certification process, the employer must provide a recruitment report that details the employer’s efforts to fill the open position(s) with U.S. workers. The report must meet the requirements set out for recruiting either professional or nonprofessional occupations in the U.S. Code of Federal Regulations (Sections 20 CFR 656.17(e)(1) and 20 CFR 656.17(e)(2), respectively). The report must include details such as the number of U.S. workers whom applied for the position and the employer’s reasons for rejecting those applicants. An important component of receiving labor certification is that the employer must be able to show that there were no qualified, willing, able and available U.S. workers to fill the positions, and that by hiring foreign workers, the wages and working environments of American workers employed in similar occupations will not be adversely affected. The recruitment report is an essential tool is making this determination.
No, although most classes do require it. The Department of Labor has pre-determined a set of occupations for which there is a shortage of U.S. workers and by employing foreign workers to perform these occupations, U.S. workers’ wages and working environments will not be adversely affected. Known as “Schedule A” occupations (20 CFR 656.15), this group includes physical therapists, professional nurses, those with exceptional ability in the arts and sciences (such as university-level teachers) and those with exceptional ability in the performing arts.
The total time for completing the process can vary depending on several factors, including the type of visa requested and the location of the employment, among other variables. It may take a couple of months or a couple of years. Current processing times can be checked on the Department of Labor’s website. Processing times for temporary work visas can be shorter, with H-1B visas taking as little as seven working days.
Temporary or seasonal work is defined by the Department of Labor as work that either 1) lasts less than one year or 2) begins and ends in accordance with a planting or harvesting season.
The United States Citizenship and Immigration Services (USCIS) bureau of the Department of Homeland Security (DHS) is the main organization charged with overseeing immigration. Many of the USCIS’s duties were formerly handled by the Immigration and Naturalization Service (INS). The Department of Labor is also involved in some stages of employment-based immigration (such as reviewing requests for labor certification), as is the U.S. Department of State (issuing visas).
Employers should first contact the U.S. Department of Labor to apply for labor certification under the program that fits the type of work the prospective employee will perform. If the DOL provides the employer with a labor certification, the next step is to submit a petition to the USCIS for the temporary worker. Upon approval of the petition, the temporary worker can apply for a nonimmigrant visa at the U.S. embassy or consul in his or her home country.
DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter.
For more information, please see our page on key immigration concepts and terms.
There are a few key immigration law concepts and terms that an employer should be familiar with. Understanding these terms can help employers interpret and implement immigration policies. Contact WHGC, P.L.C. in Newport Beach, California, to speak with an experienced immigration attorney about your business’s immigration concerns and needs.
There are a few key immigration law concepts and terms that an employer should be familiar with. Understanding these terms can help employers interpret and implement immigration policies. Contact WHGC, P.L.C. in Newport Beach, California, to speak with an experienced immigration attorney about your business’s immigration concerns and needs.
The Immigration and Naturalization Act, 8 USCA § 1101(a)(3), defines an alien as a foreign-born person who is not a citizen or national of the United States. This may include:
Once an alien is admitted to the U.S., they gain certain constitutional protections. Most resident aliens are eligible for U.S. citizenship after five years of residence. To become U.S. citizens, they may complete the naturalization process.
An alien may be either an immigrant or a nonimmigrant. Immigrants are those aliens who have been admitted to the United States as lawful permanent residents. They may remain in the country permanently, unless they commit an act that would lead to deportation. Aliens can become lawful permanent residents through employment, family ties, investment in a new commercial enterprise or as asylees or refugees.
In contrast, nonimmigrants are persons who are admitted to the U.S. temporarily for a particular purpose, such as education, temporary work, business and travel. Once the time allowed for their visit ends, nonimmigrants must leave the country and return home.
A visa is a permit to apply for entry into the United States. Visas can be designated as immigrant or nonimmigrant depending on the visa holder’s purpose for entry. By obtaining a visa, a person is not guaranteed entry into the U.S. Rather, a visa merely allows a foreign national to travel to a U.S. port of entry, where it will be determined whether the foreign national will be permitted to enter the country and how long he or she will be allowed to remain.
A foreign-born person who is not a citizen or national of the United States but whom has legal resident status must have an Alien Registration Card (I-551 identification card), also known as a green card. The Alien Registration Card serves as proof of the immigrant’s identity and confirms his or her status as a legal permanent resident.
PERM is the acronym for the Department of Labor’s revised labor certification process for employers wishing to sponsor foreign nationals for full-time, permanent employment. In effect since March 2005, the PERM process condensed the previous certification process into a streamlined system requiring only one form (ETA Form 9089). Employers seeking certification must still comply with prevailing technical requirements and new PERM regulations, including pre-filing recruitment reports and standard prevailing wage assessments, that are outlined in Title 20, Part 656 of the Code of Federal Registrar (CFR).
Work visas allow foreign nationals with specialized skills and/or knowledge to work in the United States. Prior to sponsoring a foreign national for certain types of temporary work visas, an employer must apply for and receive labor certification from the Department of Labor as well as be granted a petition from the U.S. Citizenship and Immigration Services (USCIS). Common temporary work visas include:
Naturalization is the process of becoming a U.S. citizen. Generally, to become a naturalized citizen, an applicant must be at least 18 years old and meet the continuous residency and physical presence requirements, which require an applicant to have been a lawful permanent resident in the U.S. for the last 5 years and physically present in the U.S. for the last 30 months.
Applicants also must possess “good moral character.” As part of the naturalization process, applicants are required to demonstrate a proficiency in the English language (including the ability to read, write, speak and understand the language) in addition to demonstrating a basic familiarity with American history and government prior to becoming a U.S. citizen.
Commonly known as deportation, removal is the legal process that forces the departure of an alien from the United States. The Immigration and Naturalization Act, 8 USCA § 1227, contains categories for justified deportation. An alien may be deported in the following instances:
We have also compiled a list of immigration FAQs and important immigration forms.
No matter your employment law needs, we are here to help.
If you would like assistance with your personal immigration needs, please contact WHGC at or 949-833-8483 to schedule a consultation.
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