What are the visa options for hiring foreign skilled workers on a long-term basis?
By
As a lawyer, the visa options for hiring foreign skilled workers on a long-term basis depend on the specific circumstances of the employer and prospective employee. Generally, the most common options are the H-1B visa, the L-1 visa, and the EB-2 or EB-3 visas.
H-1B Visa
The H-1B visa is a non-immigrant work visa that allows employers to sponsor foreign workers in specialty occupations. This visa requires the employer to demonstrate that the position requires a minimum of a bachelor's degree and that the prospective employee has the necessary qualifications and experience for the job. The employer must also pay the prevailing wage for the position and file a petition with the United States Citizenship and Immigration Services (USCIS).
L-1 Visa
The L-1 visa is a non-immigrant work visa that allows employers to transfer employees who have worked for the same company abroad for at least one year to a branch, subsidiary, or affiliate in the United States. This visa requires the employer to demonstrate a qualifying relationship between the overseas and U.S. companies and that the employee has been employed in a managerial, executive, or specialized knowledge capacity for at least one year.
EB-2 and EB-3 Visas
The EB-2 and EB-3 visas are immigrant visas that allow employers to sponsor foreign employees for permanent residency based on their skills and qualifications. The EB-2 visa requires advanced degrees or exceptional ability in the sciences, arts, or business. The EB-3 visa requires a bachelor's degree or equivalent experience in a skilled or unskilled occupation.
It is important to note that there are limitations and exceptions to these visa options, and further action may be necessary depending on the specific circumstances of the case. For example, the H-1B visa has an annual cap on the number of visas that can be issued, which may require the employer to explore alternative options. Additionally, employers must comply with various labor and employment laws, such as I-9 verification and nondiscrimination requirements.
In conclusion, it is important for employers to consult with an experienced immigration attorney to determine the best visa option for their specific circumstances and to ensure compliance with applicable laws and regulations.
