ISG represents, mutlinational corporations, mid-sized companies, small businesses, and international orgnaizations as well as individuals including executive and recent graduate level employees.
Everyday and around the world, ISG provides its expertise to help U.S. businesses secure and retain the best & brightest global workforce.
Overview of Non-Immigrant Employment Visas
The Immigration and Nationality Act (INA) provides several categories of nonimmigrant visas for a person who wishes to work temporarily in the United States. To work in the U.S. temporarily, under immigration law, the foreign national needs a suitable visa based on the purpose of travel, country of origin, type of work, length of stay, etc.
The non-immigrant visa classification covers a broad range of visas used to enter the United States for work, pleasure or study. Some visas (such as the H-1B visa) are considered ‘dual intent’ which allows the individual to enter without proving residence abroad and furhter allows the indivudal to obtain permanent residency (a green card) while under that classification. Other non-immigrant visas, however, require a demonstration of non-immigrant intent. This means that the foreign national should demonstrate the existence of a permanent residence abroad that there is no intention of abandoning.
The duration of time the foreign national may spend in the U.S. can range from a few days to several years, depending on the visa. In most situations, the spouse and unmarried children under the age of 21 may accompany the principal applicant on a derivative visa.
The employment sponsorship process involves an application to United States Citizenship and Immigration Services (USCIS) for a determination of whether the job requirements and foreigner’s credentials match the requirements of the classification requested. Determining which employer may be possible to use as a “sponsor” depends on several criteria, including:
- the requirements for the position;
- the foreigner’s credentials in relation to the position requirements;
- the requirements of similar U.S. employers for similar positions;
- the period of time during which the position needs to be filled;
- whether the U.S. employer has a parent, affiliate, subsidiary branch or joint venture partner abroad at which the foreigner has been employed; and, finally,
- the foreigner’s country of citizenship