The changing facets of hiring foreign people in the United States

 

At a time when globalization is at its peak, a large number of multinational companies want to transfer professionals and managers from affiliated firms to the U.S. for specific “tours of duty”. Basis on the professional contextual of the planned transfer, the extent of the proposed stay, and the nationality of the person, several options are readily available for the U.S.-based employer. These options are all managed in the Immigration and Nationality Act and are generally 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 travellers arriving to US resort to B-1 visas during a short stay (not to go beyond one year). There is no scale for U.S. employers to recompense these visitors. While in the U.S. as a business visitor, a person can choose to:

·         Perform 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 keep in mind that people entering in the U.S. for tourism or commercial purpose for 90days or less from eligible 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 the best immigration solicitors in London, company-sponsored employment approval 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; and

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

There are some visa categories that are meant to permit 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 allowed 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 exhibited a long-term commitment to stay lastingly. B-1, B-2 and F-1 categories do not allow themselves to submission of the dual intent concept.

Each visa category has very particular regulations that must be tracked carefully by immigration solicitors in London, most of which ask for coordination 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 Labor Department. Timelines are very crucial and documentation can be extensive.

The big 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).