Donald Gross Law Group

08/20/2026

Are you an American employer looking to bring foreign workers to the United States?

In our Business Immigration Guidance Series, Donald Gross Law Group provides guidance on hiring foreign workers to enhance your business needs. Hiring foreign workers can help diversify your company and create a more international work setting.

If your company would like to hire the best talent possible, sometimes it is necessary to conduct a global search and recruit international candidates to diversify and enhance your business. However, you will need to ensure that the foreign worker has the appropriate visa allowing them to work in the U.S. legally. This is only if the foreign worker does not already have a permanent resident status (green card). Employers are in fact responsible for obtaining visa for prospective employees. If you are an employer looking to hire a foreign worker, you will find this guidance useful.

Sponsor your Employee through the Following Steps
There are two main steps in obtaining work authorization so your foreign worker can legally live and work for your company while residing in the U.S. First, you will submit an application with the Department of Labor (DOL), this application is called the Labor Certification Process, also known as PERM. Once the DOL approves the application, the second step will be to apply (petition) with United States Customs and Immigration Services (USCIS).

1. Obtain a Department of Labor Certification

You can either sponsor your employee on a temporary or permanent basis. With either process, you will first need to submit a labor certification application with the Department of Labor. Once that is approved, you will apply with United States Customs and Immigration Services (USCIS). Each type of visa requires a different certification. The certification process is meant to ensure that the employer (your company) is unable to find an equally talented and thereby have to fill the position with a non-citizen.

2. Petition USCIS

Obtaining the DOL certification is the first step in the process, the second step is to petition USCIS. You’ll need to petition the U.S. Customs and Immigration Services (USCIS) on behalf of the foreign worker in order to obtain their visa. It is important to note that obtaining a DOL certification does not guarantee final approval for the employment visa.

The process differs depending on which type of visa you are seeking for your foreign worker. This is why it is important to discuss with an experienced immigration attorney about your options, how to prepare, and how to build the strongest petition for your foreign worker visa.

If you are seeking to hire a foreign worker or you need assistance with any business immigration concern, do not hesitate to contact us.

Below you can find a table briefly outlining the various types of temporary and permanent visas to consider.

Temporary Visa for Foreign Employee
H-1B: Temporary visa for professional workers in a specialized occupation, typically requiring an advanced degree.
H-2A: Temporary visa for agricultural workers.
H-2B: Temporary visa for non-agricultural workers, typically utilized for seasonal work or one-off projects.
O-1: Temporary visa for immigrants with “extraordinary abilities” in athletics, education, sciences, arts, film, or television.
J-1: Temporary visa for training or educational exchange program.
L-1A, L-1B: Visa for intra-company transfers, reserved for executives, managers, or employees with specialized skills.
Permanent Visa for Foreign Employee
B-2: visas are available for professionals with an advanced degree or special ability.
EB-3: visas are available for “skilled workers” with significant work experience, professionals with a university degree, or unskilled workers filling a position for which qualified workers are not available in the United States. Certain specialty professions qualify for other visas.

You can always contact Donald Gross Law Group if you need any consulting on which type of employer-sponsored visa you need for your employee.

For more information, please contact:

[email protected]
Donald Gross Law Group

08/20/2026

01/15/2025

Need your immigration case reviewed faster? 📄💨 Premium Processing might be the solution!

This USCIS service offers expedited processing for certain petitions, with timelines as quick as 15 business days. Whether you’re filing for an E-2 investor visa, an O-1 work visa, or an employment-based green card, Premium Processing can help you meet time-sensitive needs like job start dates or travel plans.

Not sure if it’s right for your case? Contact Donald Gross Law Group for expert guidance through the process—we’re here to help you navigate every step with confidence.

Visit our website donaldgrosslaw.com to schedule a free consultation.

08/30/2023

Read our law firm's guidance on hiring foreign workers for your U.S. company below:

Are you an American employer looking to bring foreign workers to the United States?

In our Business Immigration Guidance Series, Donald Gross Law Group provides guidance on hiring foreign workers to enhance your business needs. Hiring foreign workers can help diversify your company and create a more international work setting.

If your company would like to hire the best talent possible, sometimes it is necessary to conduct a global search and recruit international candidates to diversify and enhance your business. However, you will need to ensure that the foreign worker has the appropriate visa allowing them to work in the U.S. legally. This is only if the foreign worker does not already have a permanent resident status (green card). Employers are in fact responsible for obtaining visa for prospective employees. If you are an employer looking to hire a foreign worker, you will find this guidance useful.

Sponsor your Employee through the Following Steps
There are two main steps in obtaining work authorization so your foreign worker can legally live and work for your company while residing in the U.S. First, you will submit an application with the Department of Labor (DOL), this application is called the Labor Certification Process, also known as PERM. Once the DOL approves the application, the second step will be to apply (petition) with United States Customs and Immigration Services (USCIS).

1. Obtain a Department of Labor Certification

You can either sponsor your employee on a temporary or permanent basis. With either process, you will first need to submit a labor certification application with the Department of Labor. Once that is approved, you will apply with United States Customs and Immigration Services (USCIS). Each type of visa requires a different certification. The certification process is meant to ensure that the employer (your company) is unable to find an equally talented and thereby have to fill the position with a non-citizen.

2. Petition USCIS

Obtaining the DOL certification is the first step in the process, the second step is to petition USCIS. You’ll need to petition the U.S. Customs and Immigration Services (USCIS) on behalf of the foreign worker in order to obtain their visa. It is important to note that obtaining a DOL certification does not guarantee final approval for the employment visa.

The process differs depending on which type of visa you are seeking for your foreign worker. This is why it is important to discuss with an experienced immigration attorney about your options, how to prepare, and how to build the strongest petition for your foreign worker visa.

If you are seeking to hire a foreign worker or you need assistance with any business immigration concern, do not hesitate to contact us.

Below you can find a table briefly outlining the various types of temporary and permanent visas to consider.

Temporary Visa for Foreign Employee
H-1B: Temporary visa for professional workers in a specialized occupation, typically requiring an advanced degree.
H-2A: Temporary visa for agricultural workers.
H-2B: Temporary visa for non-agricultural workers, typically utilized for seasonal work or one-off projects.
O-1: Temporary visa for immigrants with “extraordinary abilities” in athletics, education, sciences, arts, film, or television.
J-1: Temporary visa for training or educational exchange program.
L-1A, L-1B: Visa for intra-company transfers, reserved for executives, managers, or employees with specialized skills.
Permanent Visa for Foreign Employee
B-2: visas are available for professionals with an advanced degree or special ability.
EB-3: visas are available for “skilled workers” with significant work experience, professionals with a university degree, or unskilled workers filling a position for which qualified workers are not available in the United States. Certain specialty professions qualify for other visas.

You can always contact Donald Gross Law Group if you need any consulting on which type of employer-sponsored visa you need for your employee.

For more information, please contact:

[email protected]
Donald Gross Law Group