Whether you are a business man, an entrepreneur or an investor applying for a visa, or representing a corporation, a university or another north american organization that employs foreign nationals, you may need information about Employment Visas and legal issues related to the topic. Discussed below are the various types of Employment Visas and their requirements.
Employment Visas
There are many categories that cover employment-based immigration. These visas are different from non-immigrant and temporary work visas, and require a vast knowledge of the U.S. immigrayion law. For example, an investor/employment visa includes two different types of investors, that are issued in a limited amount each year, and are very specific as to the types of investments required and the amounts of such investments. The employment visas for immigrants are based on the following categories:
- Extraordinary Ability of Aliens
- Outstanding Researchers and Professionals
- Professional talent
- Multinational Executives and Managers
- Investors and Employment Creation
To apply for the appropriate visa type, it is essential to understand the objectives of the foreign national employee and the company looking to hire you. The facts unique to each situation will determine what type of visa should be applied for, and the necessary information and documentation to be provided to the U.S. Citizenship and Immigration Services (USCIS).
United States’ Employer’s Compliance
According to the immigration laws of the United States, it is illegal for companies to hire foreign nationals who have not received permission from USCIS to work in the United States. In almost all cases, employers must verify that all employees have authorization to work in the United States. This requires that the companies complete and retain the I-9 form, which records a review of the employee’s identity and related documentation with the work permit. Employers who deliberately hire and employ workers without authorization, or who do not complete and retain the required documents, are subject to serious penalties.
Employment-Based Permanent Residence Petitions
Many businesses and companies want to retain on a permanent basis to their executives, managers, skilled workers and even unskilled workers of foreign origin. This requires a meticulously prepared documentation in order to obtain labor certification for foreigners from the United States Department of Labor and the approval of requests for the employment visa for immigrants in the U.S. Citizenship and Immigration Services (USCIS). If you have questions about employment visas or need assistance with the preparation and filing of the petition for permanent residence for employment, talk with an experienced immigration lawyer in your area.
