McMinnville Business Immigration Lawyer

Agricultural Labor (H-2A)

U.S. employers can hire foreign workers for temporary or seasonal agricultural work through the H-2A program. Employers are required to file a petition for nonimmigrant worker (I-129) on behalf of each prospective employee.

Youngblood & Associates works to secure H-2A visas exclusively for the nursery, greenhouse, and agricultural industries. Our firm founder’s in-depth knowledge of the nursery business means that we are able to provide superior representation and support for nurseries and other farms throughout the season.

Youngblood & Associates will:

• Provide a one-on-one legal consultation to determine your labor needs

• Work to secure visas for your requested foreign workers or recruit a workforce for you

• Be available to answer questions from your HR and payroll staff on requirements of the H-2A program

• Counsel your business in housing requirements for your employees

• Provide audit support

Other Temporary Labor (H-2B)

U.S. employers can hire foreign workers for temporary jobs that are non-agricultural through the H-2B program. Employers are required to file a petition for nonimmigrant worker (I-129) on behalf of each prospective employee.

Youngblood & Associates works to secure H-2B visas for all eligible industries—including landscaping, construction, and hospitality, as well as many other industries with temporary labor needs. 

. Our commitment to and in-depth knowledge of the H-2B program and its regulations means that we offer superior representation and results.

Our capable business immigration lawyer in McMinnville will:

• Provide a one-on-one legal consultation to develop a unique strategy for your company to navigate the challenges of the H-2B program
• Work to secure visas for your foreign workers so that you can focus on your clients and products
• Ensure that a legal and reliable workforce arrives on site and on time each season

Compliance

If your business is hiring and employing foreign national workers, you have a responsibility to comply with immigration and labor laws. Investigations of any employer may be performed by several U.S. federal agencies.

Youngblood & Associates can help you make sure your business is complying with all applicable laws and regulations, provide counsel on remediation and best practices should any violations have taken place, and provide representation in immigration-related investigations and appeals.

Department of Labor Audit Support

As a business employing foreign national workers, you need to be prepared for government audits and site visits, and you must make sure to be compliant with all labor regulations.

Wage and Hour Division Site Visits

The Department of Labor’s Wage and Hour Division performs site visits to ensure compliance with the Labor Conditions Application and related regulations. These are performed in order to make sure that the hiring of nonimmigrant workers will not adversely affect U.S. workers and that nonimmigrant workers are not suffering abuse regarding wages and working conditions.

A WHD audit may be prompted for a number of reasons, most commonly because of a complaint from a worker. The WHD may initiate the investigation because of a pattern of violations, a failure to meet a condition of the Labor Conditions Application, credible information about an LCA violation, or if the WHD has reasonable cause to believe that the employer is not in compliance.

Should your business be subject to a WHD audit, you will first receive a letter from the WHD with a notice of an investigation and a request for documentation. Once you have provided the requested documentation, a WHD investigator will perform a site visit. After this on-site meeting has taken place, the investigator will make a determination on the investigation.

Youngblood & Associates will provide legal representation should your business be subject to a Wage and Hour Division audit and can assist you in filing an appeal if needed. Our McMinnville business immigration attorney can also work with you to review your compliance prior to an investigation with the DOL regulations and determine if your business is at risk for a WHD audit.

Employment Eligibility Verification

All employers are required to verify the employment eligibility of their employees by executing and maintaining the Form I-9.

Immigration and Customs Enforcement (ICE) performs I-9 audits on businesses to verify the employment eligibility of their employees. Businesses should have policies and procedures in place to ensure their I-9 compliance and to avoid hefty fines and penalties.

Youngblood & Associates offers proactive I-9 support. We will work with you to make sure that your Form I-9s are executed, maintained, and retained according to regulation, and to prepare you for an employment eligibility verification audit from ICE. We also offer legal representation should you be issued civil fines or criminal penalties by ICE or DOL.

TN Visa – Trade NAFTA Professionals

The North American Free Trade Agreement (NAFTA) created unique economic and trade relationships between the United States, Canada, and Mexico. Because of this agreement, certain Canadian and Mexican citizens can qualify as NAFTA professionals and seek temporary entry to the United States for prearranged business activities by applying for a TN visa.

You may be eligible for TN nonimmigrant status if:

• You are a citizen of Mexico or Canada

• You have a prearranged job with an employer in the U.S.

• The U.S. position requires a NAFTA professional

• Your profession qualifies under the regulations

• You are qualified to practice in the profession in question

An employment immigration lawyer in McMinnville can help to determine if you qualify under the category of the TN visa and assist you through the process of seeking temporary entry to the U.S.