Attracting and retaining qualified employees can be a challenge at times, making the ability to seek candidates from a foreign setting advantageous in some situations. Similarly, foreign candidates for jobs may find unique opportunities available in the United States. In either case, assistance may be necessary in seeking appropriate permissions for work and residency in the country. The application process can be challenging, and errors could waste time or result in the wrong classifications.
Since the requirements involved in the employment-based immigration process can be complicated, it may be important to evaluate more than one option for obtaining residency. In some cases, a non-immigrant employee visa is ideal for recruiting purposes. This may provide a worker with the opportunity to later transition through a request for adjustment of status. Some workers may seek permanent residency by applying for green cards at a later stage. Others may endeavor to become naturalized citizens. An understanding of an employee’s goals may help in planning for requirements that will need to be satisfied as an adjustment is later sought.
There are numerous non-immigrant visa options to consider in facilitating the transition of a foreign applicant for a job. A B-1 visa, for example, is used for non-immigrant business travelers. H visas are used for those in specialized positions while J visas address the needs of exchange visitors. Those making transfers within a company would use L visas. There are also special categories for athletes, religious workers and those who are internationally recognized in certain industries. EB visas are used for permanent residency.
Because there are so many options, you may find that it is easy to become confused and seek the wrong type of employment visa. We work to clarify the reasons for employment immigration while determining the most appropriate application to complete in a given situation. Our employment-based immigration page offers more information.
Source: Mattes & Mahon, PC, “LANCASTER EMPLOYMENT-BASED IMMIGRATION LAWYERS“, October 08, 2014