What is the process for obtaining a visa for highly skilled employees?
Minneapolis immigration attorney DeAnne Hilgers explains the process for obtaining a visa.
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Well, again, that depends – how to obtain a visa depends on which process you’re going to use. I’ll tell you about the most common process, which would be the employer files what’s called an I-129, which is an application. Sometimes they have to get certification from the Department of Labor that the wage is appropriate, and then you provide the supporting documents. It may be a bachelor’s degree. It may be how much they’re going to be paid.
It’s going to include their biographical and educational information as well as information about the employer. Another process, and this is more for the permanent resident employees, will be what’s called the perm process where the employer has to go out and conduct a very specific recruitment process that the government tells them how to conduct it. The government tells them what they will pay, and then the government tells them whether there are or are not qualified U.S. workers. The employer asks and says, “Department of Labor, please certify there are no qualified, willing U.S. workers who are minimally qualified for this position,” and if the Department of Labor agrees, then that worker can pursue permanent residency.