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Employment Based Visas
Whether you are a business professional, entrepreneur, or investor
seeking a visa, or you represent a U.S. corporation, university, or
other organization that employs foreign nationals, you may need information
on employment visas and related legal issues. Following is a discussion
of the many types of employment-based visas, and their particular requirements.
Employment Based Immigrant Visas
There are many categories that encompass employment-based
immigration. These visas are different than temporary employment-based
nonimmigrant visas, and they require a complete understanding
of U.S. immigration law. For example, an investor/employment
creation visa includes two different types of investors,
is numerically capped as to the number of visas issued each
year, and is very specific in terms of the types and amount
of investment required. Employment-based immigrant visas
are based upon categories such as:
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Extraordinary Ability of Aliens
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Outstanding Researchers and Professionals
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Professional Talent
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Multinational Executives and Managers
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Investors and Employment Creation
Filing the appropriate visa application requires a firm
understanding of the goals of both the foreign national employee
and the business seeking to hire a foreign national. The
unique facts of each situation will determine which visa
to apply for and the necessary information and documentation
that are required to be furnished by the USCIS.
United States' Employer's Compliance
The United States immigration laws make it illegal for businesses
to employ foreign nationals who have not received USCIS permission
to work in the U.S. In virtually all cases, employers are
required to verify that all employees are authorized to work
in the U.S. This requires companies to complete and maintain
Form I-9, which records review of the worker's identity and
work permission documentation. Employers who knowingly hire
and continue to employ unauthorized workers, or who fail
to complete and keep required documentation, are subject
to serious penalties.
Employment-Based Permanent Residence Petitions
Many businesses and companies wish to retain their foreign
executives, managers, skilled workers, and even non-skilled
workers on a permanent basis. This requires skillful preparation
of paperwork in order to obtain alien labor certification
with the United States Department of Labor, and approval
of employment-based immigrant visa petitions with the United
States Citizenship and Immigration Services (USCIS).
If you have questions about employment-based immigration
visas, or would like assistance with preparation and filing
of an employment-based permanent residence petition, please contact
our office.
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