The right visa lawyer can assist your company with understanding the visa process for your foreign national employees. Instead of navigating the system on your own, you could benefit from a discussion with a compassionate and experienced business immigration lawyer.
There are different options for being authorized to work in the United States. A visa attorney can help a business consider every program before selecting the right one.
Many companies hiring a foreign professional do so through an H visa. There are different subcategories to choose from, and some of these options provide applicants with a path toward citizenship.
In general, H visas are granted to people from specialized professional or academic fields. They must have at least a bachelor’s degree or equivalent in most cases, which must correspond to the type of work being performed.
The appropriate educational background alone is not sufficient to earn a visa. There must be a job offer from an employer in the U.S. that requires the applicant’s specialized experience or skill, and there cannot be a qualified U.S. professional available to fill the role.
L-1 visas allow employers with a presence in the United States to transfer executives or managers from an affiliated office elsewhere in the world to a branch in the U.S. This includes bringing someone in to help set up a new branch.
The U.S. government also offers E-2 nonimmigrant visas for nationals living in countries that have a treaty with the United States. This allows companies owned by nationals of countries with an E-2 treaty in the United States that have made a substantial investment in setting up here to sponsor nationals of that same country on E-2 employee visas to work here.
The United States Department of Labor issues Permanent Labor Certification—or PERM. This certification must be sought by an employer who intends to hire a foreign professional. It confirms that there were no American citizens or residents who could meet the minimum requirements for the role.
There are a number of employment-based green cards. There are three main categories of employer-sponsored immigrant visas. Each type of professional qualifies for one of the three categories, with priority professional at the top of the list. These include individuals with extraordinary ability in the sciences, arts, education, business, or athletics.
Unlike other visa programs where the applicant has the burden of initiating the process, employment-based visas are driven by the employer. In many cases, this starts with securing a certification from the Department of Labor (DOL). An attorney can help a company secure this certification by establishing that there are no qualified professionals to fill the position within the U.S. Additionally, they must be able to show hiring from outside of the country will not negatively impact wages or working conditions.
There are several other requirements businesses must follow outside of initiating the visa process. A seasoned attorney can ensure compliance with federal law and answer any questions about the appropriate visa program for a potential non-resident hire.
If your business is helping a potential employee secure a visa, now is the time to speak to an attorney. This process is rarely simple, and a single mistake could cause lasting problems. Reach out to a visa lawyer as soon as possible to discuss your case.
