Immigration and Nationality law - Immigration Law has been characterized as the second most complex area of United States Law, second only to Tax Law. It is little wonder that it has frequently been given only cursory attention or ignored completely by employers. Many employers feel that the law is too complicated to understand and hope that they will be able to "just blunder through successfully" or, if they do not do anything, "it will go away." Unfortunately, it will not go away. This page will acquaint you with the various visa categories used to legally employ aliens.
employment immigration - Contrary to a belief held by many, there is no such thing as a "work visa," that is, a visa which will allow a person to come to the United States, seek employment and begin working here. There are, however, certain visa categories which allow aliens who fit within these categories to work in the United States. Each of these categories has very definite limitations. It is, therefore, important to know the requirements of each category and the attendant limitations to determine whether the category will be of benefit to you. For additional information on employment visas click here.
H1-B
WHAT IS AN H-1B VISA?
An H-1B visa is a non-immigrant temporary professional worker visa.
WHAT ARE THE REQUIREMENTS TO BE ELIGIBLE TO QUALIFY FOR AN H-1B VISA?
A U.S. company can apply for an H-1B visa for an alien worker if (1) the position to be filled is a "specialty occupation" that is professional in nature, (i.e. it requires a four year college degree at a minimum to perform the job) and (2) the alien worker has a four year college degree or equivalent work experience; and (3) the U.S. company is paying the "prevailing wage" for that position. For additional information on H-1B visas click here.
L1 visas - The "Intra-company Transferee (L-1 Visa) is probably one of the most appropriate and useful visas for multinational corporations wishing to transfer employees from abroad. For more information, please click on this link. For additional information on L1 visas click here.
entertainment industry - The Law Offices of Eli M. Kantor has helped many world-class entertainers resolve all of their immigration matters. Mr. Kantor is known for representing numerous foreign actors, actresses, producers, make-up artists, and other industry professionals, primarily by obtaining O-1 visas for these individuals.
business immigration - The Immigration Act of 1990 provides for three employment-based immigrant preferences relevant to the general work force:
- First Preference: Aliens of extraordinary ability, outstanding professors and researchers, and certain multinational executives and managers. No labor certification is needed here.
- Second Preference: Members of the professions with advanced degrees and aliens of exceptional ability. A labor certification is usually required but can be waived if a "National Interest" is involved.
- Third Preference: Skilled workers, professionals (and other workers requiring less than 2 years of education, training or experience.) A labor certification is always required. There are two other less used employment preferences: religious workers and investors of $1,000,000 or more. The labor certification process used in Second and Third preference cases tends to be extremely time consuming and detailed. Essentially, three things must be established in order to successfully obtain a labor certification:
- There are not "able, willing, qualified and available" U.S. workers who can perform the job in question. The foundation of this requirement is an advertising campaign as prescribed by Department of Labor regulations.
- The alien for whom a labor certification is being filed is receiving or will receive the "prevailing wage." The Department of Labor does not want any "cheap labor" undermining the marketplace for U.S. workers.
- All the regulations of the Department of Labor have been followed. It may be possible to establish that there are no U.S. workers available and that the alien is being paid the prevailing wage, however, if all of the proper steps are not followed correctly, a labor certification can be denied.
labor certifications
nonimmigrant visa - An alien in legal nonimmigrant status in the United States may be eligible to change to any other nonimmigrant status for which he or she is qualified, including a status that allows employment. The alien does not need to leave the United States to do so. However, once an alien changes his or her status, upon leaving the United States, it will be necessary to obtain a visa under the new status at an American Consulate in order to reenter the United States.
In employment situations, the application to change status is usually initiated by the employer. However, the alien will be heavily involved, providing necessary information and documentation since the employer normally must submit documentation concerning the alien's eligibility for the new status.
