Whether you are a businessman, an entrepreneur or an investor who applies for a visa, or represents a corporation, university or other American organization that employs foreign citizens, you may need information on work visas and legal issues related to the subject. The various types of work visas and their particular requirements are discussed below.
There are many categories that cover immigration based on employment. These visas are different from temporary work and nonimmigrant visas, and require a vast knowledge of US immigration law. For example, an investor visa / job creation includes two different types of investors, a limited amount is issued each year, and is very specific in terms of the types of investments required and the sums of such investments. Work visas for immigrants are based on the following categories:
- Extraordinary fitness of the foreigner
- Outstanding researchers and professionals
- Professional talent
- Executives and multinational managers
- Investors and job creation
To request the right type of visa, it is essential to understand very well the objectives of the foreign employee and the company that seeks to hire him. The exclusive facts of each situation will determine what type of visa should be requested, and the necessary information and documentation that the United States Citizenship and Immigration Service should provide, (US Citizenship and Immigration Services, USCIS).
US Employer Compliance
Under United States immigration laws, it is illegal for companies to employ foreign citizens who have not received permission from the USCIS to work in the United States. In virtually all cases, employers must verify that all employees are authorized to work in the United States. This requires companies to complete and retain Form I-9, which records a review of the worker’s identity and documentation related to the work permit. Employers who deliberately hire and employ unauthorized workers, or who do not complete and retain mandatory documentation, are subject to severe penalties.
Petitions for Permanent Residence by Employment
Many businesses and companies want to permanently retain their executives, managers, specialized workers and even non-specialized workers of foreign origin. This requires meticulously preparing the documentation in order to obtain labor certification for foreigners from the United States Department of Labor and the approval of work visa applications for immigrants from the United States Citizenship and Immigration Service. If you have questions about work visas or need assistance with the preparation and filing of the permanent residence application for employment, talk to an immigration attorney in your area.