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FRENCH-AMERICAN CHAMBER OF COMMERCE
OF GREATER CINCINNATI

IMMIGRATION UPDATE

A primer on business immigration

There are 20 ways to hire a foreign worker

By Sylvie Derrien, attorney, Coolidge, Wall, Womsley & Lombard LP

Let’s say that you have a foreign student finishing with your company who would make a great employee. But his or her work authorization will expire at the end of the year. What do you do?

Navigating through the maze of visas can be challenging for prospective employers as well as prospective employees. Getting an employment-based temporary visa is usually a two-step process.

First, the prospective employer files a petition on behalf of the employee to the Bureau of Citizenship and Immigration Service (“BCIS”). Then, the employee applies for the visa at an American consulate outside the Untied States. The visa is the stamp put in a foreign national’s passport. This stamp allows the employee to enter the United States. If the employee is already in the United States when the petition is approved, no visa stamp is needed to pursue employment. However, the visa stamp will be needed to return to the U.S. in the event the employee needs to leave the country and expects to return.

Although there are more than twenty types of employment based non-immigrant visas, the following are examples of the most commonly used by U.S. employers.

B-1 — Visitor for Business:
Foreign nationals on the payroll of foreign companies may use the B-1 visa to come to the U.S. engage in business activities that primarily benefit their foreign employers. B-1 visas can be obtained quickly. The are processed directly at the consulate level, with no need to be approved by the BCIS.
E – Treaty Trader and Investors:
In order to promote trade, the U.S. has negotiated bilateral treaties with numerous countries. Citizens of these countries who invest or conduct trade with the U.S. are eligible to apply for “E” visas. E visas do not need BCIS’ approval and thus are fast to process.
H-1B — Specialty Occupation Workers:
This visa category is used to temporarily employ foreign nationals in specialized occupations requiring at least a bachelor’s degree or its equivalent.
F-1 — Academic Students:
Domestic employers may hire for a total period of up to 12 months foreign nationals holding F-1 visas (student visas) to engage in a training program upon college graduation or, during the course of their college studies, in a curricular practical training program.
L- 1 — Intra-Company Transferees:
The L-1 visa category is favorite tool for small and large multinational corporations to temporarily transfer their executives, managers or employees with “specialized knowledge” from their overseas operations to their US operations.

In addition to these popular visas, there are other types of non-immigrant visas designed to bring to the U.S. foreign nationals in specific occupations. They run the gamut of visas for nurses, doctors, religious workers, farm workers and exchange visitors.

Certain petitions qualify for “premium processing” which means that upon payment of a $1,000 fee, the BCSI guarantees a two-week processing time. Unfortunately, this fast track option has further delayed the processing of regular petitions. Moreover, visa applications since September 11, have been subject to greater scrutiny. Many visa applicants (or visa holders who renew their visas) are subject to personal interviews with immigration officers. Scheduling such an interview may take several weeks.

Once the foreign worker is employed, employers should ensure that they and their foreign worker continue to comply with visa requirements and renewals deadlines.