We understand that sometimes the best candidates for a position at your company require hiring someone from another country. As an employer in the United States, you should always have that choice and it is one of the freedoms we enjoy in doing business in the U.S.
Hykel Law Office handles work visas cases with an expansive understanding of the legalities that arise. Whenever foreign nationals are hired to work for you, it becomes a bit more tricky, but not impossible. Federal laws are stringent for employment-based non-immigrants working in the U.S. temporarily.
Indeed, the laws governing work visas, which include federal statues, regulations of the U.S. Department of Homeland Security and in some cases, the Department of Labor are complex. Renee Hykel Cuddy has the experience and knowledge to lead employers and workers through the process. Every step of the way you can expect superb representation and a tenacious, can-do attitude.
First, we can help you to determine what steps need to be taken and when. For many categories, a petition must first be filed with USCIS who will determine if the person qualifies for classification in a visa category. A petition approval is not a visa and cannot be used for travel, though it can be used to remain lawfully in the U.S. if a person is already present in the U.S. In order to get a travel document (visa), a person must submit a visa application (usually a DS-160) to a U.S consul or embassy abroad who will confirm that the information provided in the petition is accurate and then grant the visa. Here are some of the corporate and employee visa petitions and applications available that we can assist with.
- B1-Visas (Temporary Business): A B1 visa is for foreign nationals who wish to enter the U.S. temporarily to engage in business but who will not be drawing a U.S salary.
- E Visas for Traders and Investors: An E-Visa is a non-immigrant visa used by company founders, CEOs, and top level managers who are coming to the United States to direct and develop a U.S. enterprise in which he/she has invested (E2) or to engage in substantial trade with his/her native country (E1). Applications for E status are most often presented at the embassy, but can be presented here in the United States to USCIS for persons already in the USA seeking a change of status or extension of E status. The government will want to see extensive planning, investment and projections for your project. Hykel Law is experienced getting E visa approvals by working closely with you to develop the needed documentation. Your family members are eligible for E2 status, which allows them to obtain work permits.
- H 1-B Visas (Specialty): The H-1B visa is for persons engaged in the professions who possess a bachelor’s degree, master’s degree or equivalent experience, including: accountants, scientists, professors, researchers, finance managers, consultants, pharmacists, engineers, counselors, journalists, and many others. The H1-B visa is for non-immigrants, but is also intended to be a “dual intent” visa, which means that a worker with an H-1B visa can seek permanent residency in the U.S., either through employment or family-based petitioning. The H-1B visa is probably the most popular work visa, simply because it enables the holder to live and be employed in the U.S. while waiting for approval of a permanent resident classification.
- H2-A and H2-B (Temporary/Seasonal/Agricultural Workers):The H-2B is for temporary workers and agricultural workers who are working in the United States seasonally or for a one-time assignment.
- J Visas (Exchange Visitors): J visas are used for professors and research scholars, medical doctors, interns, trainees, au pairs, and camp counselors. Some J Visa holders may be required to reside abroad for 2 years after completion of their program, but waivers can be obtained in certain circumstances.
- L Visas for International Employee Transfers:L-1A visas apply to foreign nationals who work for a company overseas in a managerial or executive capacity who are transferring to the United States, with the purpose of temporarily performing managerial or executive duties for the organization or perhaps setting up a new office in the U.S. L-1B visas are utilized by foreign nationals who are transferring from an affiliate company abroad and who possess specialized knowledge about the company’s products or processes. The employee must have been employed by the foreign company for a minimum of one year in order to qualify.
- O Visa for Persons of Extraordinary Ability: The O visa is available to persons who have risen to the very top of their field, which is evident by international acclaim or significant contributions to the field. It is available to persons in the sciences, arts, education, business or athletics (O1A) or persons in motion pictures or TV productions (O1-B).
- P Visas for Artists, Athletes and Entertainers: P visas are available to international athletes or members of an entertainment group who have performed together for a year (P1), members of a performance group (P2) or artists, entertainers or coaches under a program that is culturally unique (P3).
- Q Visas for Cultural Exchange Visitors: Q visas are available to persons coming to work temporarily in a program that is culturally unique and will provide a cultural experience to U.S. patrons. Coaches and performers can qualify for this visa.
- TN Visas for Canadian or Mexican Workers:The (NAFTA) North American Free Trade Agreement was instilled in 1994 to make temporary employment in the United States less frustrating for Canadian and Mexican workers. It is similar to the H1-B visa in that it is available to professional workers who typically possess at least a bachelor’s degree. Canadians can present a TN application at the Port of Entry (POE) or the airport, though Mexican nationals are required to apply at the U.S. embassy or consul.
- R Visas for Religious Work: R-1 visa classification is designated for religious professions, which would include any individual who enters the U.S. temporarily for ministries or religious teachings. The worker must prove that the work is for a bone fide, nonprofit religious organization.
Visa Extensions: Foreign workers in the U.S. can apply for a visa extension if they have maintained a lawful, non-immigrant status in the United States since entry. The paperwork and application for extension must be filed before the expiration of non-immigrant status. Your passport must also remain valid for the entire stay within the United States.