Columbus Immigration Attorneys for Employers

Hiring Foreign National Employees in the United States

U.S. employers often resort to the employment of foreign employees for a variety of reasons. In some instances, U.S. employers are unable to find qualified, willing, and capable U.S. workers to occupy certain positions. In some instances, employing a foreign national is necessary because of the scarcity of specific skills in health care, engineering, and information technology positions. It is not a secret that foreign workers work hard and are often creative and certainly add to the diversity in the workplace.

If you are interested in hiring foreign nationals for your American or global company, it is always wise to have a skilled immigration attorney on your side. Seek guidance from the skilled global immigration attorneys at The Law Firm of Shihab & Associates.

We have offices in Columbus Ohio, Cleveland Ohio, Southfield Michigan and Washington, D.C. Contact us online or at (888) 915-5057.

Employing Foreign Nationals 

U.S. employers may sponsor the employment of certain foreign nationals to be employed for a certain term under what is known as non-immigrant work visas – visas with a limited and finite term. While employed, the law also allows U.S. employers to sponsor the worker to obtain permanent residence (green card) as an incident of their employment and as an added benefit. Once permanent residents, the foreign workers may remain in the United States permanently and apply for citizenship.

Employing a foreign national worker comes with certain responsibilities that are spelled out in the various statutes and regulations. For instance, employing H–1B visa “specialty occupation” workers requires the employer to pay the foreign worker prevailing wages, promise not to adversely affect the working conditions of US workers, and provide for the reasonable transportation cost to return the alien to his or her country at the conclusion of the employment.

Non-Immigrant Visas Solutions for Employers

There are many common mechanisms that United States employers may utilize to employ foreign nationals temporarily.

In order of popularity, these include:

• Specialty Occupation H-1B Visa: This visa type is reserved for those occupations that require as a minimum a bachelor’s degree to successfully perform the duties of the position. It is important to note that not every position requiring a bachelor’s degree may qualify for the issuance of a Specialty Occupation H-1B visa. For instance, certain nursing positions have been held not to be specialty occupations. It is worthy to note that there are only 65,000 new H-1B visas available each federal fiscal year normally referred to as “cap” H-1B visas.
• Intracompany Transferees L-1A and L-1B visas: To qualify, aliens must have worked one year within the three years preceding their entry in the US for a foreign company, which is classified as a branch, parent, affiliate, subsidiary, or joint venturer to a U.S. company and who will enter the U.S. to work for such U.S. company in a managerial, executive, or specialized position.
• NAFTA Canadian and Mexican Professionals TN visa. This is an attractive visa type to secure a non-cap related temporary visa, which may be secured relatively quickly. Employers may apply for this visa type at the port of entry, at a U.S. Consulate, or internally before the USCIS. It must be noted that only specific occupational titles may qualify for this visa category. In addition, there are certain restrictions in applying for permanent residence while the employee is on a TN visa due to the “dual intent doctrine.”
• Non-agricultural skilled or unskilled “Temporary or Seasonal” Workers H-2B. In order to secure this visa, the employer must first obtain a labor certification issued by the U.S. Department of Labor. There are 66,000 new H-2B visas available each federal fiscal year. The crux of this visa type is proving that the position is, in fact, seasonal in nature.
• Foreign nurses working in shortage areas H-1C
• Seasonal Agricultural Workers H-2A
• Trainees H-3 Visa