Companies who seek to bring foreign employees to the United States on a temporary basis most commonly use the following visa categories:
B-1 (a visa waiver program for some qualified individuals) - a business visitor’s visa that enables a business traveler to visit and stay in the United States for a short period of time, usually up to six months, with possibility to extend that stay for the same consecutive periods of time. It does not grant employment authorization in the United States. The purpose of this visa is to allow foreign businesspeople and their employees to come to the U.S. temporarily in order to promote their business, gauge the market, solicit sales from U.S. customers and businesses, negotiate contracts, and attend business meetings and conferences.
Visa Waiver Program - a substitution for the B-1 visa for the citizens of most European countries, Japan, and certain other countries that may be qualified to enter the United States for a period of ninety days without applying and receiving a B-1 visa. The requirements to the business travelers under Visa Waiver Program are the same as to the B-1 holders. They cannot receive compensation or seek employment in the United States. Foreign nationals entering the United States under the Visa Waiver Program qualifications must depart by the expiration of this ninety-day period, and no extensions of stay are granted.
H - available to individuals coming to the United States to be employed by a U.S.-based company for a temporary period in a specialty occupation or profession as well as skilled and unskilled workers.
E – available to traders and investors from treaty countries as well as their employees. US has treaties with many foreign countries, providing that if a U.S.-based company conducts substantial trade with a particular foreign country or a citizen of that country invests in the US business enterprise, they can come to the US personally and bring their executives, managers, and other employees who hold the same citizenship.
O - available to aliens with exceptional ability in science, arts, education, athletics, or business.
P – a visa for internationally recognized athletes or entertainers.
TN - permits citizens of Canada and Mexico to work in the United States in certain specialty occupations that are listed in the North American Free Trade Agreement (NAFTA) Sec. 214 (e)(2).
L - an intracompany transferee visa that enables a foreign company to transfer its managers, executives, and individuals with specialized knowledge from its foreign office to the US subsidiary if such already exists or to send an employee to the U.S. to establish a new office for the company.
If a foreign national has the right combination of skills, education, work experience and is otherwise eligible, he or she may obtain a status of the permanent resident (a Green Card) in the United States through one of the following immigration programs:
EB-1A for individuals with extraordinary ability in arts, science, athletics, education, or business
EB-1B for outstanding professors and researchers
EB-1C for multinational managers and executives
EB-2 for professional with advanced degree or exceptional ability in science, arts, or business
EB-2 with National Interest Waiver - for professional with advanced degree or exceptional ability in science, arts, or business who do not have a job offer in the US, but are involved in the industry of national importance
EB-3 for professionals, skilled ad unskilled workers
EB-4 for religious workers, broadcasters, members of armed forces and other special immigrants
EB-5 for entrepreneurs who invest no less than $500,000 in the U.S.-based business and create 10 new employment positions
Employment and business immigration laws provide great opportunity for foreign entrepreneurs and professionals to come to the United States for a long period of time or to immigrate here permanently. We assist with every type of non-immigrant or immigrant visa. Contact us today for a comprehensive consultation and case evaluation.
