Companies employing independent contractors aren t responsible for completing the I-9 for those workers. The employer provides information about the proposed position to the Department of Labor and to the Immigration and Naturalization Service. An immigration attorney should be consulted for processing green cards because the laws are extremely complex. Errors can mean applications are denied or returned after sitting for a couple of years waiting for processing. Again, the employer and employee can negotiate who pays for it.
Many jobs require an individual labor certification.
The job must be certified by the U.S. Department of Labor after testing the labor market, usually through advertising the job, and determining that no qualified U.S. worker was available. If you want to sponsor a relative or someone with part-ownership in your business, you need to consult your immigration attorney because there may be restrictions. In some permanent residency categories, the labor certification at the Department of Labor isn t needed. Certain foreign nationals may apply to the INS on behalf of themselves if they have extraordinary abilities or if the work they do is in the U.S. national interest. Other workers, such as managers of multinational corporations or job creation investors in the United States apply directly to the immigration service.