Hiring Foreign Nationals

Helping Employers Hire Foreign Workers

At Brown Immigration Law, we understand that hiring foreign nationals can be a complex process. Our team is here to help you navigate the process and ensure that you comply with all relevant laws and regulations. We have extensive experience working with employers of all sizes and in a variety of industries. Our experienced lawyers can help you understand your options and guide you through the process of hiring foreign workers.

Call (888) 991-6221 or contact us online to schedule a consultation with our team today.

How to Choose the Right Work Visa

Employers must determine the appropriate visa category for the worker based on their qualifications, job type, and intended duration of stay.

Here are several common types of work visas in the United States that employers can use to hire foreign workers:

  • H-1B Visa:
    • For: Specialty Occupations requiring specialized knowledge (e.g., IT, engineering, science).
    • Requirements: Job offer from a U.S. employer and the employee's qualifications (usually a bachelor's degree or equivalent).
    • Duration: Initially granted for up to 3 years, extendable to a maximum of 6 years.
  • L-1 Visa:
    • For: Intra-Company Transferees moving from a foreign company to a U.S. branch, subsidiary, or affiliate.
    • Requirements: The worker has to have worked for the foreign company for at least one continuous year within the preceding three years.
    • Types: L-1A for managers/executives, L-1B for employees with specialized knowledge.
    • Duration: L-1A is initially granted for up to 3 years (extensions up to 7 years), L-1B for up to 5 years (extensions up to 7 years).
  • O Visa:
    • For: Individuals with Extraordinary Ability or Achievement in fields like sciences, arts, education, business, athletics, etc.
    • Requirements: Demonstrating extraordinary ability or achievement in the field of expertise.
    • Types: O-1A for individuals with extraordinary ability, O-1B for individuals with extraordinary achievement in arts or entertainment.
    • Duration: Initially granted for up to 3 years, extensions available in 1-year increments.
  • TN Visa (NAFTA):
    • For: Citizens of Canada and Mexico under the North American Free Trade Agreement (NAFTA).
    • Requirements: Job offer in a profession listed in the NAFTA agreement.
    • Duration: Granted in 3-year increments, renewable indefinitely in 3-year increments.
  • E Visa (E-1/E-2):
    • For: Treaty Traders (E-1) and Treaty Investors (E-2) from countries that have treaties of commerce and navigation with the U.S.
    • Requirements: Involves substantial trade (E-1) or investment (E-2) between the U.S. and the treaty country.
    • Duration: Can be granted for up to 2 years initially, with extensions available.
  • J-1 Visa (Exchange Visitor Program):
    • For: Participants in approved exchange visitor programs, including students, researchers, professors, and other categories.
    • Requirements: Sponsorship through an exchange program designated by the U.S. Department of State.
    • Duration: Varies based on the program and category.
  • H-2 Visas (H-2A/H-2B):
    • For: Temporary Agricultural Workers (H-2A) and Non-Agricultural Workers (H-2B) for seasonal or temporary work when U.S. workers are not available.
    • Requirements: Need for temporary or seasonal workers and meeting specific criteria.
    • Duration: Generally, up to 1 year with possible extensions.

Each visa category has its specific eligibility criteria, application process, and limitations. Employers need to assess the requirements carefully and select the most suitable visa category based on the job role, the candidate's qualifications, and the company's needs.

Additionally, some visas, like the H-1B, require the employer to obtain a labor certification from the Department of Labor (DOL) to ensure that hiring a foreign worker will not adversely affect the wages and working conditions of U.S. workers.

Our immigration attorneys can help you choose the right work visa for your employee and file a petition with the USCIS. We will also keep you updated on the status of your petition and let you know when it has been approved.

Why Choose Brown Immigration Law?

Brown Immigration Law has extensive experience in hiring foreign workers in the states of Florida, Ohio, and North Carolina for companies of many sizes. We can help streamline the process of hiring foreign workers with diligent attention to detail and follow-through to get your case needs solved as quickly as possible.

Contact us today at (888) 991-6221 to obtain our experienced and knowledgeable immigration legal services today.

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