MARJORIE J. SIEGEL,  attorney-at-law

60 east 42nd street, 47th floor      new york, ny 10165      tel. (212) 370-0103      fax (212) 370-0250     email:  margielaw@att.net

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Immigration - For the Employer


In a global economy, the search for the best-qualified candidate now often leads beyond the borders of the United States. It goes without saying that there are countless talented individuals abroad who are eager for the chance to live and work in the United States.

A common procedure for employers who wish to expand their choices beyond the domestic labor market is to petition for an H1B visa for the prospective employee. This is the category of visa for jobs that require at least a Bachelor's degree (or the equivalent) in a particular field. While the H1B is temporary insofar as it is issued for an initial period of three years extendable to a maximum of six, an employer looking for a more permanent arrangement can petition for a green card conferring lawful permanent residence while the employee is in H1B status.

It usually takes from three to six months to process an H1B, but upon payment of an additional fee the USCIS will guarantee a decision within fifteen days or less through its Premium Processing Program. Given the current backlog and associated delays, a green card typically takes two years or more.

Depending on the nature of the position and qualifications of a particular candidate, the employer may have numerous options besides the H1B visa, including:

  • The L-1 visa - for key employees who need to be posted temporarily at a U.S. parent company, a subsidiary, an affiliate, or a branch office.

  • The O-1 visa - for persons of extraordinary ability in the arts, sciences, business, or architecture.

  • The P-1, P-2 and P-3 visas - for certain categories of athletes and performers.

  • The TN visa - a special category for citizens of Canada and Mexico, as provided by the North American Free Trade Agreement (NAFTA).

  • The E-3 visa - a new visa for Australian nationals who work in specialty occupations in the United States. This category has numerous advantages over other types of working visas, including the ability of spouses of E-3 recipients to apply for work authorization. Further information can be found here.

With any of these procedures Marjorie Siegel and her staff will be happy to assist you by providing expert guidance and preparing all requisite paperwork and documents for submission to the USCIS.


See also
Green Card

 

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