Whether you are a business professional, entrepreneur, or investor seeking a visa, or you represent a U.S. corporation, university, or other organization that employs foreign nationals, you may need information on employment visas and related legal issues. Following is a discussion of the many types of employment-based visas, and their particular requirements.
There are many categories that encompass employment-based immigration. These visas are different than temporary employment-based non-immigrant visas, and they require a complete understanding of U.S. immigration law. For example, an investor/employment creation visa includes two different types of investors, is numerically capped as to the number of visas issued each year, and is very specific in terms of the types and amount of investment required. Employment-based immigrant visas are based upon categories such as:
- Extraordinary Ability of Aliens
- Outstanding Researchers and Professionals
- Professional Talent
- Multinational Executives and Managers
- Investors and Employment Creation
Filing the appropriate visa application requires a firm understanding of the goals of both the foreign national employee and the business seeking to hire a foreign national. The unique facts of each situation will determine which visa to apply for and the necessary information and documentation that are required to be furnished by the USCIS.
United States' Employer's Compliance
The United States immigration laws make it illegal for businesses to employ foreign nationals who have not received USCIS permission to work in the U.S. In virtually all cases, employers are required to verify that all employees are authorized to work in the U.S. This requires companies to complete and maintain Form I-9, which records review of the worker's identity and work permission documentation. Employers who knowingly hire and continue to employ unauthorized workers, or who fail to complete and keep required documentation, are subject to serious penalties.
Employment-Based Permanent Residence Petitions
Many businesses and companies wish to retain their foreign executives, managers, skilled workers, and even non-skilled workers on a permanent basis. This requires skillful preparation of paperwork in order to obtain alien labor certification with the United States Department of Labor, and approval of employment-based immigrant visa petitions with the United States Citizenship and Immigration Services (USCIS). If you have questions about employment visas, or would like assistance with preparation and filing of an employment-based permanent residence petition, talk to an experienced immigration attorney in your area.