Overview: In this global economy, multinational employers are not only transferring executives and managers to US offices but even small business owners hire foreign citizens for their workplace. Whether big or small, if an employer has foreign citizens working for it on US soil, it must ensure that those foreign citizens have the proper work visas.
There are many different types of visas depending on an individual's profession and whether the individual intends on coming to the US temporarily or permanently. Even in temporary situations, the duration of each visa differs.
In order to apply for a temporary worker visa, an employer must file the appropriate paperwork with the United State Citizenship and Immigration Services. However, the filing of employment-based immigration petitions and applications with the government does not create an exception to the doctrine of at-will employment. Therefore, employers need to make sure employees understand that there is a difference between the length of the temporary visa, which is definite, and the nature of the employee's employment, which is indefinite and at-will.
Trends: There is a cap on the number of H-1B visas allowed per year. H-1B visas are used for individuals with a specialty occupation position, which is defined as a job that requires at least a bachelor's degree (or its equivalent) in the specialty. In the last couple of years, the cap on H-1B visas has been reached long before the end of the government's fiscal year. Therefore, employers should file necessary documents and petitions as early as possible.
Author: Melissa A. Silver, JD, Legal Editor
Ensuring that employers are hiring an authorized workforce can be challenging. This section guides HR professionals through the verification process when completing the Form I-9 and if the employer participates in E-Verify as well as visa considerations when hiring a foreign national.
An in-depth review of the spectrum of Texas employment law requirements HR must follow in respect to immigration.
President Obama's November 20 executive orders could allow as many as five million undocumented immigrants to remain in the US if they meet certain conditions. Ogletree Deakins attorney Charles Gillman calls these actions "a positive change that could help US employers," but says the "devil will be in the details."
Employers seeking to establish uniform policies and practices regarding the Form I-9 process and to provide evidence of compliance in the event of a government audit should consider including this model policy statement in their handbook.
An in-depth review of the spectrum of New Hampshire employment law requirements HR must follow in respect to immigration.
The US Department of State Bureau of Consular Affairs reported that it has been experiencing technical difficulties with its passport and visa system.
The B-1, or business visitor, visa for foreign nationals seeking to visit the US to participate in business-related activities, may be a viable alternative to the H-1B visa for certain employers. An employer may use this checklist to determine whether an employee is qualified for a B-1 visa.
The B-1 visa may be a viable alternative to the H-1B or L-1 visa if a company needs to bring an international employee to the US on a short term basis. An employer may use this checklist to determine whether an employee is eligible for a B-1 visa.
New guidance is available to help an employer navigate the visa process when sponsoring a foreign worker for an H-1B or L visa.
An employer may use this checklist to ensure it navigates the H-1B process properly when sponsoring a foreign national employee to work in the US.