Immigration Law for U.S Companies
Employment Eligibility Verification
Assisting U.S. companies employ foreign workers
Employment based nonimmigrant visas that Ms. Dye-Chiew most often assists her clients in obtaining are:
Specialty occupation workers (H-1B) Visas
Allow U.S. Companies to employ professional workers. In order to qualify for this visa, the U.S. Company which desires to employ the foreign worker must show that:
The position being offered to the professional foreign worker is one which requires, as a minimum, a bachelor’s degree in a specific field of study for entry into that position;
The foreign worker has a bachelor’s degree or the equivalent in that specific field of study;
The U.S. Company must file the labor conditions application with the Department of Labor and make the following attestations: (i) the foreign worker will not be treated differently from U.S. workers, (ii) the U.S. company will pay the employee at least the prevailing wage for the position offered, (iii) there is no strike or lockout in that position and (iv) appropriate notification has been given to other employees or bargaining unit; and,
There is a cap on the number of new H-1B visas available in each year. For fiscal year 2008 and 2009, the cap was reached 6 months prior to the first day of that respective fiscal year.
Australian specialty occupation workers (E-3) Visas
Similar to the H-1B Visas discussed above except that they are only available for persons who are citizens of Australia. Although there is an annual cap of 10,500 new E-3 visas which may be issued in a fiscal year, this cap has not yet been met.
Professionals entering the United States pursuant to the North American Free Trade Agreement (TN)
Intra-company transferees (L) Visas
- The U.S. Company is a branch, subsidiary, affiliate or parent of foreign company operating outside the United States;
- The foreign worker has been employed by foreign entity as an executive, managerial, or essential worker employee for at least one year in the last three years; and,
- The foreign worker is entering the United States in order to be employed as an executive, managerial or a specialized knowledge employee.
This visa may also be used by a multinational organization to send an executive or managerial employee(s) to open a new office of the multinational organization. To review how an executive or managerial employee under this L visa category may qualify to apply for an immigrant visa (or green card), please read: Lawful Permanent Residence or Green Card for International Executives or Managers.
Treaty investors (E-2) Visas
Allow investors who are nationals of certain countries to enter the United States to oversee their investment in the United States or to allow supervisory or specialized knowledge employees of a company which has invested in the United States and who are nationals of the same country to enter the United States to oversee the investment. The requirements of the E-2 visa are as follows:
- There must be a Friendship Commerce and Navigation Treaty between the foreign country of which the foreign national is a citizen and the United States which allows for E-2 visas. A list of these countries can be found at footnote 4 in “Alphabet Soup of Nonimmigrant Employment Visas”.
- The foreign company or the investor must have invested or be actively in the process of investing in the United States (generally through investment in the U.S. Company).
- The Investment must be substantial and non-marginal.
The Nationality of the owners of the U.S. Company and the foreign worker must be same.
- The foreign worker must be entering the United States to develop and direct operations of the U.S. Company or as a key managerial, supervisory or essential employee.
Persons with extraordinary ability (O) Visas
Religious workers (R) Visas
Trainee visas (H-3) Visas
Religious organizations can apply for R visas that allow religious workers such as ministers, priests, nuns to work for their religious organization in the United States.
- The foreign trainee is entering to engage in training program not available in home country;
- The Training will not place the foreign trainee in position involving regular employment;
- The Training will not involve productive employment unless incidental and necessary to the training; and,
- The Training will benefit the foreign trainee in pursuing career abroad.