Get Immigration Approval for an Employee You’ve Already Hired

So You’ve Hired an Immigrant Worker By Accident

It’s easy to overlook the complexities of immigration during the hiring process, especially when your recruiters are excited about a fantastic candidate with an ambiguous immigration status. Or perhaps an issue has come to your attention through use of E-Verify or when an employee brings you unexpected new information about their immigration status. Even companies that don’t routinely sponsor immigrant workers may find themselves with a surprise immigration quandary involving a longtime or just-hired employee.

At Locke Immigration, we can help you assess your novel immigration problem and get immigration approval post-offer when legally possible. Our team will assess your employee’s current status, identify the best immigration pathway, and streamline the application process. We take care of legal documentation and compliance issues, ensuring your new hire can contribute to your team without interruption. With our expertise, you can rest assured your business remains compliant and your employee transitions smoothly.

Some scenarios that we handle include:

• You’ve hired a recent U.S. graduate who has a work permit that will soon expire (OPT);
• Your employee may be eligible for STEM OPT for two more years of work authorization, but you don’t know if your organization can support that or how to complete the I-983 Training Plan;
• Your employee with OPT or STEM OPT enters the H-1B lottery but doesn’t get selected;
• Your employee wants to jump from F-1 student status into a green card process;
• Your new hire’s work permit is contingent on them porting their incomplete green card process filed by another employer, and you must prove that their job with your organization is a qualifying substitute offer (calling for “same or similar” analysis for the I-485J supplement filing);
• You want to hire someone with a brand new green card but you aren’t sure if the offered job fulfills the reason their green card was issued (such a self-petitioned National Interest Waiver);
• You want to hire someone with an approved I-140 petition but you aren’t sure what else needs to happen before they’ll be allowed to work in the U.S.;
• You want to hire someone directly who already works as a contractor for your business, but you don’t know understand their immigration status or sponsorship needs;
• You don’t understand the basis of your employee’s EAD work permit and whether it can be renewed or whether it may still be valid beyond the expiration date printed on it (whether they have DACA, or TPS, or cancellation of removal, or a pending asylum case or green card process);
• You want to pursue green card sponsorship for an employee who has some temporary non-visa status that isn’t employer-sponsored, like DACA, TPS, a pending asylum claim, or a pending removal process;
• Your employee discloses that the documents they showed you to complete their I-9 record were false or didn’t belong to them;
• You get a tentative nonconfirmation letter from the federal government challenging your employee’s legal right to work in the U.S.

Comprehensive Review of Potential Solutions

Our approach includes a comprehensive review of potential solutions tailored to your employee’s specific situation. We provide clear guidance on necessary documentation, expected timelines, and any potential risks and hurdles. By partnering with Locke Immigration, you and your employee can focus on your work while we navigate the U.S. immigration system to maximize their options to remain employed with you.