Employee Immigration

The U.S. issues visas to foreign employees who are in demand in the U.S. economy. It also issues managerial visas for those in a supervisory role who are indispensable to the company as a manager.

Employees

Politics aside, employers in many industries know there are not enough U.S. workers who are qualified to take certain job offers. The employer must typically advertise the job opening through the U.S. Department of Labor and must pay the employee a competitive wage on par with U.S. workers.

The employer is normally required to pay the legal fee to assist. Here are some types of employee visas.

College Graduates:  H1-B Visa

The employee typically has a college degree, experience, and training to meet the demand of the U.S. employer. Often, H1-B visas go to IT information technology employees and scientists. Some also may qualify in the medical field due to our aging population and demand for medical services. The qualifications of the employee must match the employer job requirements.

EB Visa or Green Card

If the employee’s capabilities are so advanced that he or she is a leader in the field, an EB employment based green card is possible. The same is true for advanced degree skills for employees who are considered of national interest to the U.S. government.

A spouse and minor child can qualify for family dependent H4 visas. Adult dependents of the H1-B holder can obtain work authorization to work at any job.

Allan Scott Lolly

managing attorney

Temporary Workers:  J, H2-B, H2-A Visas

There are other areas of our U.S. economy that need support. Temporary workers with lower skill levels are needed at times, such as in agriculture, or summer work at National Parks. Disneyland employs foreigners during summertime under the J visa category. Businesses often need support that have seasonal peak demands or an unusual one-time demand.

Canada and Mexico:  TN Visa

Available to foreigners from Canada and Mexico under NAFTA, the North American Free Trade Agreement. Canadians and Mexicans are permitted to enter the United States to engage in business activities at a professional level. It is necessary to include a letter from the employer stating the professional capacity the employee will work in the United States. Also, the employee needs to have the required credentials. The initial period of stay can last up to three years, which may be extended.

Procedures are different depending on whether the foreigner is from Canada or Mexico.

Essential Employees:  L1-B and E1

The E1 treaty trader visa is for essential employees of certain international businesses that conduct substantial trade with the US.  The L1-B employee has specialized knowledge of company operations and the employer is an international business with offices in the US.  The employee is needed to assist at the US job site.

Supervisors

L1-A Visa

Created for companies engaged in international businesses who must move from one location abroad to the U.S.  The L1-A supports easy transfer of company executives.

E2 Visa

Created for foreign entrepreneurs of certain countries to live and do business in the United States.

It allows a foreigner to open any lawful business or purchase an existing U.S. business.

Allan Scott Lolly

managing attorney

There is no requirement to have offices overseas. It is acceptable to operate a business entirely within the U.S. market.  The plan must include hiring other Americans to support the US labor market.

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