Here at the Law Office of Vincent Miletti, Esq. and the home of the #UnusuallyMotivated movement, we take pride as a resilient and dependable legal services firm, providing such services in both a traditional and online, web-based environment. With mastered specialization in areas such as Employment and Labor Law, Intellectual Property (IP) (trademark, copyright, patent), Entertainment Law, and e-Commerce (Supply Chain, Distribution, Fulfillment, Standard Legal & Regulatory), we provide a range of legal services including, but not limited to traditional legal representation (litigation, mediation, arbitration, opinion letters and advisory), non-litigated business legal representation and legal counsel, and unique, online legal services such as smart forms, mobile training, legal marketing and development.

Still, here at Miletti Law®, we feel obligated to enlighten, educate, and create awareness, free of charge, about how these issues and many others affect our unusually motivated® readers and/or their businesses. Accordingly, to achieve this goal, we have committed ourselves to creating authoritative, trustworthy, & distinctive content. Usually, this content is featured as videos posted on our YouTube Channel https://www.youtube.com/channel/UCtvUryqkkMAJLwrLu2BBt6w and blogs that are published on our website WWW.MILETTILAW.COM. With that, the ball is in your court and you have an effortless obligation to subscribe to the channel and sign up for the Newsletter on the website, which encompasses the best way to ensure that you stay in the loop and feel the positive impact of the knowledge bombs that we drop here!

As the authoritative force in Employment Law, it only seemed right to introduce one of the many upcoming series in which we introduce a variety of topics that looks to educate and deliver in a manner that only Miletti Law® can. To that end, this blog is Part II of our new series on “Key Considerations for Business Immigration Sponsorship.” As a legal firm specializing in, among other legal areas, Employment and Labor Law, we have been creating a diverse but focused range of content to educate, train, keep you informed, and ensure that you, our unusually motivated® readers, stay ahead of the game in matters related to the labor law. Again, this is the primary reason we have dedicated a good percentage of our blogs to looking at every nook and cranny of Employment and Labor Law.

In Part I, we mentioned that the series aims to identify fundamental issues and address the best practices that an employer should consider when creating and evaluating its policy on U.S. immigration sponsorship. Of most importance, we will be providing key information regarding the best practices an employer should follow when they wish to sponsor foreign national employees for permanent and/or temporary immigration status.

In this regard, this blog is titled “Employment-Based Sponsorship & Employment Verification” and is a review of key issues on employment-based sponsorship for immigrant (permanent resident) and non-immigrant status, employment verification, and accompanying children and spouse.

Employment-based Sponsorship for Immigrant (Permanent Resident) and Non-Immigrant Status

Foreign workers may be sponsored for U.S. employment under two visa plans – (1) an immigrant visa status that provides permanent work and residency authorization in the country or (2) a non-immigrant work-authorized visa status through which a time-limited authorization to reside and work in the country is typically provided. In order to address the commitment of the employer to ensure that any such visa sponsorship process is conducted pursuant to governing regulations, the responsibilities and obligations of all visa sponsorship process’s stakeholders (such as the employee beneficiary or the business leadership), and how and when sponsorship will be offered, the employer should consider developing of an immigration policy in either case.

Employment Verification

Pursuant to the U.S. immigration law, employment verification for every employee must be conducted at the time of hire, which provides work authorization for that employee. Employers should understand that they may choose to sponsor the candidate to work in either a permanent or temporary classification of visas pursuant to the law should they wish to hire candidates that are not lawful permanent residents of the U.S. or not citizens of the U.S., particularly in such candidates do not have independent work authorization.

Accompanying Children and Spouse

In most cases, employers are usually the petitioners (sponsors) during employment verification or work authorization for candidates they wish to hire. When such is the case, any accompanying minor children (should be below 21 years of age and, therefore, dependents), spouse, and the candidate may be allowed admission, physical presence, and residence in the country subject to an ongoing relationship between employee-employer with the principal employee-beneficially.

In Part III of this series, we will move this discussion forward by hammering on “Government Agencies Tasked with the Issuance of Visa,” another key issue for employers involved with business immigration sponsorship.

In the meantime, stay tuned for more legal guidance, training, and education. In the interim, if there are any questions or comments, please let us know at the Contact Us page!

Always rising above the bar,

Isaac T.,

Legal Writer & Author.