Business owners know that even in New York City, finding the right talent for your company can be challenging. You may find it necessary to bring people in from outside of the US to accomplish your company’s objective, even on a temporary basis. If you’re considering bringing in international workers, managers, or other professionals, you must first determine if the skill set is available in the US. Only then will you be able to recruit from outside of the US.
When considering international recruiting, you have a number of additional requirements, including:
- E-Verify compliance and participation
- Form I-9 compliance
- Immigration and Customs Enforcement (ICE) training, policies, audits and other related matters
- Labor petitions for HB-1 as well as Labor Condition Application compliance
- L-1A and L-1B individual and blanket petitions for company transfers
- PERM Labor Certification
- Employment immigrant petitions for those with “extraordinary abilities”
For these reasons, and many more, it’s essential to seek experienced legal counsel when you’re ready to begin recruiting from outside the US.
The US issues several different types of non-immigrant visas that allow foreign nationals to work in the country.
One of the most well-known is the HB-1 Visa. These are issued to individuals from other countries with a bachelor’s degree or higher for a professional or other “specialty worker.” This means that the individual must have the equivalent of a bachelor’s degree and have a job offer from a US company, or be a university student. These visas are usually issued for people in the fields of:
- Information Technology
Any job or vocation that requires you to have at least a bachelor’s degree or the equivalent experience can be classified as a job for an HB-1 visa. There is a limit on the number of these visas that are issued every year, and so an employer bringing in someone on an HB-1 visa must file Petition for a Nonimmigrant Worker, Form I-129. HB-1 visas are generally valid for three years, and can be extended for another three years.
Australians who want to work in the US would file an E-3 Australian Professional Visa instead of the HB-1, and would not need to file a petition.
The L-1A and L-1B visas are for companies with foreign subsidiaries. When a company has managers and executives who have specialized skills and knowledge that a company would like to bring into the US, these visas can be used to transfer them.
Non-immigrant citizens of Mexico and Canada who practice certain professions can apply for a TN NAFTA visa. There are a range of occupations that are eligible to apply, including accountants, biological scientists, chemists, engineers, geologists, meteorologists teachers, and zoologists.
Investment companies that engage in investment in or trade with the U.S and have signed bilateral treaties with the US are qualified to bring in individuals with E-series visas. These are non-immigrant visas for citizens and companies who do a substantial amount of trading, and have specialized skills related to the business.
Artists, researchers, athletes, business people and educators who have “extraordinary abilities” in their fields can also apply for an O-1 visa, as well as those in the motion picture and television industries who are coming to the US to work on a project. Their abilities indicate that they have the recognition that makes them the best in their field, and exceeds other members in their field or industry. An example would be someone who works for the BBC in the UK and takes a temporary reporting job at a US network for a specific event or period, such as the 2020 presidential election.
Temporary Business Visitors
There are occasions when you need to bring individuals to your company for consulting, training, conferences, negotiation, and other business-related activities. B-1 Temporary Business Visas are for people coming to the US for a short-term business related stay. They are also for also required for workers who work from home as a telecommuting employee when they visit the US.
What About The Family?
Workers on longer-term work assignments may want to bring their families to the US, and will need help securing visas for them. A business immigration law firm can help with the transition and ensure that the family’s application is completed and submitted.
Legal Assistance For Business Immigration To Greenwich Village and New York City
Business immigration is extremely difficult and complicated, and the process doesn’t end once your employee acquires that visa. There are a number of situations where you may need assistance from an immigration attorney even after your workers are on the job. We are also able to help if they decide to become US citizens.
For a free consultation with our Greenwich Village business immigration attorneys, call our law firm today at (212) 777-9400.