Foreign National Employment: All about the Visas

When a company wants to hire a foreign national, this is the opportunity to cease as an immigrant. The process that a US company follows for employing a foreign national can be pretty complex, confusing and time consuming if the rules and regulations are not clearly understood.

 

In order to work in the US as an immigrant, you, as well as the company employing an immigrant, must fulfill several government requirements, in addition to document verification. Moreover, you always need to be careful about the requirements as the laws related to the immigrants are updated time to time.

 

Types of Visa consideration

 

There is a very wide range of visa categories depending on the kind of work taken by a foreign national.


  1. H-1B Visa: This visa states that a US employer can hire a foreign national on temporary basis. This visa is applicable for 3 years extended upto 6 years and then re-application is required.
  2. J-1 Visa: This is a visa by the US for research scholars, professors and exchange students/ visitors promoting cultural exchange. The duration of the visa depends on the program. Like, a short-term scholar program will be issued one for 6 months and a professor for 5 years.
  3. F-1 Visa: This visa is issued to students depending upon their forms I-94 and I-20. It allows students to work part-time on campus and are entitled to off campus employment application as well in their education field.
  4. OPT Visa: Optional Practical Training is a one year employment period for F-1 students in their study field, while the school is in session.
  5. CPT Visa: Curricular Practical Training is just like OPT, except under CPT, employment can be either full time or part time and a signed agreement is required from the employer.
  6. H-4 Visa: This visa is for the dependents (spouse or children below 21 years) of an H1B visa holder. H-4 visa automatically expires if H-1B visa expires. Holders of H-4 Visa can work full time until H-1B is valid.
  7. L-1 Visa: This visa is available for employees transferred to work in the United States for the same company. L-1 visa holders cannot resign and transfer to another employer. If they resign or get fired, then they would need to leave the country. If the L-1 visa holder is employed in a managerial position for 1 year in the previous 3 years with the same company (in or outside the US), then the visa holder is eligible to apply for the green card in EB1C category.

 

Final Thoughts

When applying for employment as a foreign national or hiring a foreign national for employment, don’t get scared by the complexity of the employment laws. Research well and make sure you fulfill all the criteria for employment as foreign national.

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