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Immigration
basics for U.S. businesses
Current U.S. immigration law
allows people who have skills and talents needed in the United States to
be admitted to the United States to work on a temporary or permanent
basis. This page provides a basic overview of the current employment-based
immigration system.
Nonimmigrant (Temporary) Visas for Business
There are more than 20 different kinds of nonimmigrant visa names and
types. Each is defined by Congress in statute to meet a particular
need of the U.S. economy. Some of these visas can be used for employment
in the United States, under tightly regulated conditions.
These foreign nationals are allowed to enter the United States for
temporary, specifically defined periods of time and in most cases must
show intent to return to their home country at the end of their temporary
stay.
Nonimmigrants with permission to work in the United States are either
sponsored by a U.S. employer based on a specific job offer and must work
only for that employer, or have work permission for specific objectives.
(For example, students granted practical training in their field of
study or professors and researchers working in international exchange
programs.)
Most foreign nationals undergo at least two screening processes in
order to come to the United States. The State Department Consular
Officer decides whether the individual’s purpose in coming matches one
of the approved categories, and whether the person meets all other
eligibility criteria for admission (i.e., is not a criminal, has
not previously committed fraud, etc.) before issuing a visa to allow the
individual to come to the United States. Upon arrival, all nonimmigrants
are inspected by the INS to reconfirm their qualification for admission,
and to determine the appropriate nonimmigrant classification and authorize
a specific length of stay. Some employer-sponsored nonimmigrants must have
INS approve a petition on their behalf, based on highly defined criteria,
before even applying for their visa.
Some work-authorized categories are limited by annual levels (e.g.,
H-1B professionals, and H-2B temporary or seasonal workers).
The above information is provided courtesy of AILA:
American Immigration Lawyers Association.
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