What’s the dynamics of hiring foreign nationals in the United States?

In today’s times of rapid globalization, a majority of multinational companies are looking to shift executives and managers from affiliated organization to the U.S. for precise "tours of duty." On the basis ofthe professional background of the planned transferee, the period of the proposed stay, and the nationality of the foreigner, different options are feasibly available for the U.S.-based employer. These options are all managed in the Immigration and Nationality Act and are usually referred to by the letter and number that mean their sub-section in Section 101, the definitions section of the Act (8 U.S.C. §1101(a) (15)).

Foreign business travelers arriving in the US lead to B-1 visas during a short stay (not to go beyond one year). There is no possibility for U.S. employers to reward these visitors. While in the U.S. as a business visitor, a person can choose to:

·         Conduct negotiations,

·         Solicit sales or investment,

·         Discuss planned investment or purchases,

·         Make investments or purchases,

·         Attend meetings and participate in them fully,

·         Interview and hire staff, and

·         Conduct research.

It is necessary to understand that people entering in the U.S. for tourism or commercial objective for 90 days or less from qualified countries (such as Western Europe, Japan, Australia and New Zealand) may be permitted to visit the U.S. without a visa if their specifications match with the visa waiver program requirements.

According to top-rated London immigration lawyers, company-sponsored employment sanction for foreign nationals can be divided into two categories:

(1) Non-immigrant status: a specific employer may seek permission to hire a foreign person for a specific period of time as a provisional employee

(2) Immigrant status or permanent residency: a company may patron a foreign national for permanent residence.

There are various visa categories that are meant to enable the transitioning from Non-immigrant (Temporary) Residency Status to Immigrant (Permanent) Residency Status, but not all categories allow do. Under the influence of "dual intent" doctrine, some non-immigrants are permitted to enter and/or remain in the U.S. temporarily with a non-immigrant visa (such as H-1 or L) even though they have shown a long-term commitment to staylong. B-1, B-2 and F-1 categories do not permit themselves to submission of the "dual intent" principle.

Each visa category has very specific regulations that must be monitored carefully by London immigration lawyers, most of which ask for organization between the United States Citizenship and Immigration Services (USCIS), portion of the Department of Homeland Security, and other U.S. government departments, such as the Labour Department. Timelines are very important and documentation can be large.

The biggest visa categories for the temporary non-immigrant employment of foreign nationals include L-1A (Multinational Managers/Executives), L-1B (Specialized Knowledge), H-1B (Professional Workers), and TN Application (Canada and Mexico).

Typically, spouses and children can join the person and live in the U.S., but it is also true that they can not prefer to do a job (and domestic partners are not allowed to seek the benefit from a primary work permit). These visas are time-bound and are not a feasible solution if the employee is supposed to stay for more than a few years.