Venturing into recruiting overseas can be an interesting experience. There is a lot to know about business immigration, from the different types of visas to how foreign-born workers actually make it into this country. As a law firm specializing in immigration law, we highly advise companies just beginning their overseas recruiting efforts to work with an experienced immigration attorney.
This post will introduce you to some of the basics of business immigration. There is far too much to know to provide all the details in a single post. So if you have questions or need assistance, do not hesitate to contact us here at Graham Adair.
Immigration and Visas
In the U.S., business immigration is essentially a pathway to living and working stateside through either an employment-based green card or a work visa. A foreign-born worker applies for a visa depending on the type of job they have been hired for. Some of the visas require a United States-based sponsor, which is usually the employer.
Here are two of the more common work visas applied for by companies and their foreign-born workers:
- H-1B – The H-1B visa is intended for foreign born workers in specialty occupations. Workers must have at least a bachelor’s degree or higher and their work must be such that there is an inadequate number of American workers to meet demand.
- L-1 – The L-1 visa is an intra-company visa that allows transferring managerial or other specialized positions to the United States. For example, a company could bring in a foreign-born executive to establish a new affiliate office here.
It goes without saying that both of these visas come with strings attached. The H-1B program is strictly limited in terms of volume. Only a grand total of 8,5000 H-1B visas are issued every year. They are good for three years and can be extended for up to six. Likewise, the L-1 visa can be extended for up to seven years.
Other Types of Visas
There are dozens of work-related visas foreign born workers can apply for. There are visas for seasonal workers, visas for entrepreneurs, and more. There are even investor visas. For example, the E-2 is designed for investors from countries with which the United States already has a commerce and navigation treaty. It is typically good for five years.
Certain foreign-born workers looking to come to the United States may be eligible for the EB-1 visa, a visa designed for individuals with extraordinary abilities in education, business, science, art, or athletics. The interesting thing about this particular visa is that it does not require a sponsor.
Business Immigration Isn’t Easy
Business immigration offers a number of benefits for both employers and foreign-born employees. It gives employers access to a wider talent pool when American workers cannot fill jobs. As for foreign-born workers, they are given the opportunity to live and work in this country. Their children have access to our education system and even spouses can work here.
Unfortunately, there is a downside to United States business immigration. That downside is the complex nature of our immigration system. Just learning about the various types of visas makes that clear enough. In order to succeed, you need to know which visa to apply for, how to complete the paperwork, and all the deadlines that have to be met.
Again, we advise working with business immigration attorneys. Legal assistance is invaluable whether you are the employer or the foreign-born employee. Graham Adair stands ready to assist you with all your business immigration needs. Contact us at your earliest convenience.