There are a number of reasons why your company might want to hire talent from overseas. In highly specialized industries, it can be difficult to meet your labor needs domestically, which is where the support of a skilled business immigration attorney comes in. We could advise you on the options available to you.
There are different types of employment visas available under federal law. In most cases, the companies sponsoring a foreign professional will need to initiate the process. Understanding these options is vital to a successful international employment search.
One of the most commonly sought types of employment visa is the H-1B. This non-immigrant visa is used when bringing foreign workers to service in a specialized capacity in the United States.
There are varying requirements for this type of visa, from having a specific level of education to being renowned internationally as a fashion model. Whatever the role a foreign professional is hired to fill, it must require specialized knowledge or skill that is not easy to come by.
The L-1 visa is ideal for organizations with branches in multiple countries. This program is used for companies seeking to transfer an employee from a foreign branch to a location in the United States. This can even include the process of opening an office in this country.
Not all employees qualify for an L-1 visa. This is limited to high-level individuals, including managers and executives. This is a temporary program, with most visas lasting for three years. Extensions are available for up to a maximum of seven years.
The O-1 visa program is limited to individuals with extraordinary abilities. Their achievements must occur in specific fields, including arts, sciences, education, or athletics. Applicants may also qualify if they are recognized nationally or internationally for their achievements in the TV or film industries.
In addition to the applicant, there are also additional visa options available for people in their lives. This includes their spouse or children as well as any other individuals assisting them with a specific event or performance.
E-2 visa holders are known as treaty investors. This program allows a person from a nation that holds a treaty with the United States to come to this country in exchange for investing in a U.S. company. This investment must fund the hiring of workers in the United States, and the business must generate enough income for the investor to live on. This type of employment visa has grown in popularity in recent years.
The TN visa program is available under the terms of the North American Free Trade Agreement (NAFTA). It created a nonimmigrant visa option for qualified citizens of Mexico and Canada that allows for temporary entry into this country for professional purposes. This must include some level of employment with a U.S. company.
If your company intends to hire a foreign professional, the appropriate visa program may not be immediately obvious to all of you. The good news is that skilled legal counsel can advise you of your options and answer questions regarding the different types of employment visas available. Contact our firm for support with your company’s foreign hiring.
