If you are a company seeking to employ a foreign worker, several options exist by which you may attempt to do so. Petitions typically are divided into two categories: nonimmigrant workers and immigrant workers. The former is a temporary worker who maintains a home outside of the United States, and the latter results in the approval of lawful permanent residency in the United States.
Types of nonimmigrant employer-sponsored visas include most commonly the H-1B, H-1A, H-2A, L, and TN visas. Each visa has its own process and may or may not require a certification from the Department or Labor as to the wage requirements. Moreover, the TN visa is exclusively available to citizens of Canada and Mexico (NAFTA signatories) meeting certain other eligibility requirements.
Other nonimmigrant professional visas can be merit-based and job-specific, including the O Visa and P Visa. These individuals have typically contributed in an outstanding way either to sports, art, culture, or some other aspect of society. Eligibility is determined through a fact-specific analysis.
Finally, an R Visa is available to certain religious workers, either as a religious leader or other religious occupation. An employer must be a certified 501(c)(3) religious organization, and must meet certain other eligibility criteria, including the ability to support/compensate the potential employee and any accompanying family members.
If your company is seeking to hire a foreign worker on a permanent basis, the PERM process is typically required. However, for certain individuals whose employment is in the national interest, a waiver may be available in order for said employee to bypass the cumbersome legal process of receiving PERM certification.
Contact Tedesco Legal, P.C. for further information.