The changing facets of hiring foreign nations in the United States

 In today’s era of rapid globalization, a large number of multinational firms want to transfer executives and managers from associated firms to the U.S. for precise “tours of duty.” Based on the professional context of the prearranged transferee, the duration of the projected stay, and the nationality of the foreigner, a large number of options are voluntarily available for the U.S.-based employer. These choices 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 travelers coming to the US look towards B-1 visas during a short stay (not to go beyond one year). There is no scope 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,

·         Consult planned investment or purchases,

·         Do investments or purchases,

·         Participate in meetings and participate in them fully,

·         Interview and hire staff, and

·         Conduct research.

It is necessary to understand that people entering the U.S. for tourism or commercial goal for 90 days 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 a leading immigration solicitor in London, company-sponsored job approval for foreign residents can be split into two categories:

(1) Non-immigrant status: a specific employer may seek permission to hire a foreign individual for a particular 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 still a few visa groups that are known to allow the transfer from Non-immigrant (Temporary) Residency Status to Immigrant (Permanent) Residency Status, but not all categories allow do. Under the power 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 exhibited a long-term commitment to stay lastingly. B-1, B-2 and F-1 categories do not permit themselves to submission of the “dual intent” belief.

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

The major 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).