Employment Immigration FAQs
By Citizenship Lawyer in Pittsburgh
- I am a foreign business owner with offices in the United States. What kind of visas do I need for my employees to come to the United States to work?
- Which companies can transfer employees to the United States with an L-1 visa?
- Who can qualify for an L-1 visa?
- Is a visa always necessary for a foreign national to enter the United States?
Q: I am a foreign business owner with offices in the United States. What kind of visas do I need for my employees to come to the United States to work?
A: Both immigrant (permanent) and non-immigrant (temporary) visas are available for foreign employees. The type of visa(s) you need for your employees depends widely on the industry in which your business is located and the type of work these employees will be doing. One of the important factors is the amount of education and/or training these employees have or will be obtaining within the United States. Goldstein & Associates can examine your business situation and advise you as to the types of visas you must acquire. For preliminary information about the different types of visas, please see our pages discussing immigrant and non-immigrant visas.
Q: Which companies can transfer employees to the United States with an L-1 visa?
A: Only companies that meet the USCIS definitions of a parent, branch, subsidiary or affiliate can qualify for an L-1 Intracompany transferee visa. These definitions are very precise and require an analysis of both the foreign and U.S. ownership of the companies. A new office can open in the United States if the business can provide evidence that proves the new office has a suitable place to do business, there is a qualifying business structure, and the employer has the ability to pay the employee and begin doing business in the United States.
Q: Who can qualify for an L-1 visa?
A: Intracompany transferees can include executives, managers, or employees with specialized knowledge. A manager is an employee who manages an essential function of the business within the organization. Employees with specialized knowledge must know about the organization's product, service, research, equipment, management, or the organization's processes and procedures and how it relates to the international market. Classifying the employee correctly is important, particularly if the company later wants to sponsor the employee for permanent residence. Experienced immigration attorneys assist companies with structuring these petitions in such a way that will easily transition to permanent resident status.
Q: Is a visa always necessary for a foreign national to enter the United States?
A: There is one way for foreign nationals to enter the United States without a visa. Under the Visa Waiver Program, foreigners from certain nations can enter the United States without first obtaining a visa. For the most updated list of nations that qualify under the VWP, please see the U.S. Department of State's page regarding the Visa Waiver Program. To qualify, a person must have an e-passport or machine-readable passport and an approved authorization through the Electronic System for Travel Authorization (ESTA). This visa is valid for 90 days.
