Colorado Business & Employment Immigration Lawyers

Confidence In Your Business Growth

Employers need to be able to hire the best of the best, regardless of where those highly qualified employees are in the world. Smith Knudson offers sound advice and reliable legal services to represent your company in transferring your valued employees to the United States, whether it is for a special project, a company initiative, a temporary assignment or a permanent position.

Comprehensive Employment Immigration Services

Our immigration laws provide opportunities to petition to bring foreign workers on a temporary or more permanent basis. Employment-based applications are particularly difficult to obtain because U.S. Citizenship and Immigration Services scrutinizes these petitions at length. Smith Knudson has the experience and knowledge to get these tough cases approved. Some of the more common temporary categories include:

• H-1B visas are for individuals in “specialty” or professional occupations. They are available only once yearly and may be gone in one day, so planning is essential.
• L-1A is for intracompany transferees who have been employed abroad by an affiliate of the U.S. company and are coming to work in executive or managerial positions
• L-1B is for employees who have been employed abroad for at least one year at an affiliate company and have “specialized knowledge.”
• P-1 is for athletes and entertainers with international reputations
• E is for entrepreneurs and investors who have either made a substantial investment in the U.S. or are engaged in trade with a country that has a treaty of friendship and commerce with the U.S. E visas may provide the opportunity to come to the United States to start or continue running a business without needing a U.S. employer as a sponsor.
• TN is for certain employees from Canada and Mexico coming to perform services for U.S. companies.
• O is for individuals with extraordinary ability in their field
• H-2B is for temporary or seasonal workers
• H-2A is for seasonal agricultural workers

There are also categories of benefits available for certain employees to become lawful permanent residents of the U.S.

Do You Want to Grow with Employees Who Have Extraordinary Ability?

Smith Knudson specializes in bringing individuals of Extraordinary Ability — those who have risen to the very top of their respective fields — to the United States as lawful permanent residents. Smith Knudson prepares thorough and extensively documented petitions to provide its clients with the best chance of success. The categories are as follows:

• EB-1A is for individuals of extraordinary ability in science, art, athletics, business or education. Individuals of extraordinary ability are considered first preference under our immigration laws due to their high level of achievement and recognition nationally or internationally. They may petition for themselves without needing a job offer or have a U.S. employer petition for them. U.S. Citizenship and Immigration Services awards this classification sparingly.
• EB-1B is for outstanding researchers who have achieved sustained international recognition and have risen to the top of their fields. This category requires a U.S. employer.

Lawful Permanent Residence Through Employment

Employers may also petition for their employees to gain lawful permanent residence. Our employment immigration lawyers can advise on important timing and strategy determinations to benefit the company most. Smith Knudson helps navigate the complex process of obtaining a PERM labor certification and qualifying the foreign employee for the U.S. position. Some of the other classifications available for permanent employees are as follows:

• EB-1C is for multinational managers and executives who have been employed abroad at an affiliate for at least one year and are coming to the United States to fill a manager or executive position. These employees are also afforded first preference status under our immigration laws and generally do not have to wait as long to become lawful permanent residents.
• EB-2 is for exceptional-ability employees in the arts or sciences or those with advanced degrees or five years of comparable progressive experience. These petitions generally require following strict procedures and working with multiple government agencies to determine if qualified U.S. workers can fill the position before sponsoring the foreign employee. There are some exceptions to the recruitment requirement. Employees may get a National Interest Waiver if their work would substantially benefit the country. Professional athletes are also exempt from the recruitment requirements.
• EB-3, Skilled, and Other is for employees with bachelor’s degrees or less education to become lawful permanent residents.

I-9 Compliance Audits

Our office has worked with employers of all sizes facing scrutiny of hiring documents. Federal law requires employers to complete an I-9 form for each new employee hire within three days of employment. We can suggest how best to keep these records and complete the forms to minimize risk to your business. We encourage businesses to educate and prepare on the front end by training human resource personnel on I-9 requirements to avoid problems before they occur. However, we also advise businesses facing audits of their files by the Department of Homeland Security.

Contact Us for Trusted Immigration Solutions

Smith Knudson has helped employers and workers obtain temporary visas, specialty occupation visas, training visas, and more. Whether your needs are temporary or permanent, our office can help you examine the options and make cost-effective short- and long-term plans for each situation. We will help you match business goals with immigration solutions. Please contact us if we can help your business obtain visas for qualified workers or audit your hiring compliance procedures.

FAQs about Employment-Based Immigration in Colorado