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