There are still viable options available for U.S. employers to legally hire foreign workers either on a temporary or permanent basis and below are a few examples of how these processes work.
1. Labor certification to permanent residency (Green Card)
Most U.S. employers are not aware that they can go right into the permanent sponsorship of a foreign national for a skilled or unskilled worker position through the filing of a labor certification with the Department of Labor (“DOL”). After obtaining a labor certification certified by the DOL, the U.S. employer must file an immigrant visa petition with U.S. Citizenship and Immigration Services (USCIS) on behalf of the foreign national. Upon approval of the employment-based immigrant visa petition, the foreign worker will be able to initiate the process to obtain his/her permanent residency status (Green Card), and consequently the U.S. employer will be able to hire the foreign worker in the proffered skilled or unskilled position on a permanent basis.
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2. H-1B, professional speciality occupation
Typically, U.S. employers file for foreign nationals to come to the United States to perform services in speciality occupations. These positions normally require bachelor’s degrees (or higher) in a speciality field. President Donald Trump’s Buy American Hire American Executive Order (BAHA) has clearly begun to change current U.S. Citizenship and Immigration Services (USCIS) processing policies in particular for those speciality occupations in the consulting and tech industries.
However, it does not change existing laws. The H-1B program is still a lucrative option for U.S. employers to attract the best talent in the world and to hire qualified employees who contribute to the American workforce in a positive way. H1B visas quota opens every fiscal year on April 1, and if the petition filed by the U.S. employer is approved, then the H1B visa will be issued and the beneficiary’s start date will be Oct. 1 of that same year. An individual may hold H1B status for a maximum of six years in three-year increments.
3. Alternative country options: Australian E3 visa, Canada/Mexico TN visa, Chile/Singapore H-1B1 visa
A foreign worker who is a national from any of the countries mentioned above are in an enormous advantage when it comes to employment-based sponsorship. The Australian E-3 program allows U.S. employers to file an E-3 visa petition at any time to come to the United States to perform services in speciality occupations. These positions normally require bachelor’s degrees (or higher) in a speciality field. E-3 visas applicants may be admitted for up to a two-year period, which is renewable indefinitely.
The TN (NAFTA) program allows U.S. employers to file a TN visa petition at any time, for citizens of Canada or Mexico who are professional to come to the United States to work in prearranged business activities at a professional level. TN visas are issue for three years and allows for an indefinite number of three-year extensions.
The H-1B1 program is available to some applicants who would not otherwise qualify for an H1B visa because they do not possess bachelors’ degrees or the equivalent. The H-1B1 program allows U.S. employers to file an H1B1 visa petition at any time, for Chilean citizens as agricultural managers or physical therapists; and for Singaporean and Chilean citizens as disaster relief claims adjusters or as management consultants. H1B1 visa are given for 12 to 18 months, with the potential to extend it on a one-year basis, indefinitely.
4. Intra company transferees L visas
Some U.S. employers have branches/subsidiaries/offices in other parts of the world. The L visa is designed to allow those U.S. employers to transfer an executive, manager, or an employee that has specialized knowledge from one of its affiliated foreign offices to one of its offices in the United States. The L visa also allows a foreign company which does not yet have an affiliated U.S. office to send an executive or manager to the United States with the purpose of establishing one, called a New Office L.
Qualified employees entering the United States to establish a new office will be allowed a maximum initial stay of one year. All other qualified employees will be allowed a maximum initial stay of three years. For all L-1 employees, requests for extension of stay may be granted in increments of up to an additional two years, until the employee has reached the maximum limit of seven years.
5. Seasonal temporary worker: H-2B
The H-2B program allows U.S. employers to bring foreign nationals to perform non-agricultural services of a temporary nature. An H-2 visa is granted for a term of one year and can be renewed in one-year increments for up to three years. President Trump currently utilizes this visa category to bring in foreign workers to work at his Mar-a-Lago resort.
Source: – https://bit.ly/2lQJgzI
Disclaimer: – https://bit.ly/2S00nLJ
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