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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 paper 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 (that is, they're not a criminal, have 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
BCIS 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 BCIS 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 (for example, H-1B professionals, and H-2B temporary or
seasonal workers).
Immigrant (Permanent Resident) Visas for Business
• There are five basic types of business
immigrant visas, ranked in order of priority of need by U.S. employers and
the economy, as determined by Congress. All categories are limited by annual
levels and per-country levels.
• These immigrants become permanent residents
-- obtain "green cards" -- and the indefinite right to live and work in the
United States, as long as they do not commit any offense that would render them
deportable.
• Business immigrants usually are sponsored by a
U.S. employer based on a demonstrated need. Some business immigrants may
self-petition if they meet statutory criteria for "extraordinary ability" in
their field, or if their entry would be in the "national interest."
• Protections for U.S. workers are built into the
system. Most business immigrant cases require Department of Labor
certification that no U.S. workers are able, qualified or willing to take the
position offered to the foreign national and that admitting the immigrant won't
negatively impact the wages and working conditions of similarly situated U.S.
workers. The only categories exempt from this requirement are those for
individuals who are extraordinary or outstanding in their field or whose
presence is in the "national interest."
Courtesy of AILA
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