We live in the age of globalization. Very often, people can offer the benefits of their business ventures or professional services to a much wider range of customers than domestic markets. Companies grow, generating higher profits and creating additional jobs. Consequently, the need to open subsidiaries and hire additional workforce emerges. The U.S. market has historically been one of the most attractive places for foreign companies, entrepreneurs, and professionals.
Companies who seek to bring foreign employees to the United States most commonly use the following visa categories: B-1 (a visa waiver program for some qualified individuals), H1-B, E, O, P, TN, and L. After initially obtaining a temporary non-immigrant visa in one of these categories, if a foreign national has the right combination of skills, education, work experience and is otherwise eligible, later he or she may be able to obtain permanent resident status (a Green Card) in the United States. Every year, U.S. Citizenship and Immigration Services issues approximately 140,000 immigrant visas to aliens, their spouses, and children who seek to immigrate to the United States based on their professional skills.
E visas are generally issued in increments of up to five years. They can be reissued indefinitely, as long as the investment or trade and nationality requirements for eligibility continue to be met. The holders of E visas are eligible to apply for a permanent residence in the United States. E-1 and E-2 holders (if they received this status as employees of a company investor, not as individual investors themselves) are required to be sponsored by their employers similar to H1-B visa holders.
There is an EB-5 immigrant category for foreign investors that allows for self-sponsorship. This category is reserved for individuals, who wish to reside permanently in the United States with the intent of creating or developing a business enterprise in the U.S. The required amount of investment per each individual investor is $1 million or $500,000 (if the investment is made in a targeted employment area) in a new commercial enterprise that employs at least 10 full-time U.S. workers or in an existing commercial enterprise that requires said investment for further development and creation of 10 additional employment positions for U.S. workers.
P Visa: The P visa is available for internationally recognized athletes or entertainers. It allows artists and athletes to come to the United States temporarily to perform in their professional capacity, individually or as part of a group, under a reciprocal exchange program between an organization in the United States and an organization in another country. The difference between a P visa and an O visa is that to obtain a P visa the foreign nationals do not have to demonstrate the possession of any exceptional ability; they only have to show that they are members of the above professions and are coming to the U.S. with the purpose of participating in a certain cultural exchange program. P visa itself cannot serve as a basis for immigration, but a foreign national can apply for a permanent status under any other category if he or she can satisfy the particular requirements of that category.
TN or NAFTA Visa: This 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). Some examples are lawyers, accountants, and engineers. TN visas are granted for three years for the initial period of stay and may be extended in three-year increments indefinitely. This type of visa allows Canadian and Mexican professionals to enter and stay in the United States with the purpose of practicing in their field without first obtaining employment in the country, as is usually required for all other nationals.
L-1 visas can be issued to two categories of foreign workers: 1) to aliens coming to the United States to perform services in a managerial capacity and 2) to those coming to perform services that require specialized knowledge related to that particular company. A person is considered to be in a managerial capacity, when he or she is authorized to make managerial decisions on behalf of the company. A person is considered to posses a specialized knowledge if he or she knows the specifications of the foreign company’s product, service, research, equipment, techniques, management, or other interests or has an advanced level of knowledge or expertise in the employing organization’s processes and procedures. This visa does not cover non-essential, foreign employees, such as supporting staff. The reason is that easily substituted workers may be freely hired in the United States, and there is no need for a foreign company to bring them from oversees.
The companies can also assist qualified employees in obtaining permanent legal residency (otherwise known as a green card) in the United States. Please review Employment-based Immigration section on this site for the list of the available programs.
Business and employment non-immigrant and immigrant applications are not very straightforward due to the multitude and diversity of legal requirements both to the companies and to the individual beneficiaries. Also the periods of time USCIS review and approval of each application may take as well as financial expenses that may be required vary greatly. Therefore, the assistance of an experienced immigration counsel is of paramount importance. It is strongly advised to obtain a comprehensive initial consultation before making any plans. It will save you a great deal of time, money, and effort.