Want to Work in the United State? - requirements for foreigners seeking employment in US - Brief Article - Statistical Data Included

HR Magazine, Sept, 2000 by Carla Joinson

"Remember that this whole program is voluntary; no one has to use it," Maney adds. "Look at immigration law as a window of opportunity, rather than a ball and chain."

Carla Joinson, a contributing editor to HR Magazine, is based in San Antonio. She specializes in writing about business and management issues.

Editor's Note: For information on the legal aspects of filing and maintaining visa applications, see the Legal Trends column in the August issue of HR Magazine.

Visa Lexicon

The following is a brief overview of the employment visa types that companies may find most useful. HR should check with an immigration attorney for the specific requirements for each program and for any changes in immigration law For information on fees, go to www.ins.usdoj.gov/graphics/formsfee/formst ndex.htm#chart.

1. E-1 Treaty Trader Allows foreign nationals to enter the United States to direct and develop substantial import/export between the United States and the treaty country. For more information on countries covered go to http://foia.state.gov/Famdir/fam/09fam/O9fam.html and click on 9 FAM 41.51 Exhibit 1

2. E-2 Treaty Investor Allows foreign nationals to enter the United States to direct and develop substantial investments made in a U.S. business.

3. EB-1/EB-2/EB-3 Priority Workers. Allows aliens categorized as extraordinary (EB-1), exceptional (EB-2) or other professionals/skilled workers (EB-3) to work in the United States, in that order of preference. Currently, 40,000 visas per year are provided for each of these preference categories. Contact an attorney to see how the INS defines "extraordinary," "exceptional" and "professional/skilled." Two additional specialized preference classes (EB-4 and EB-5) each provide an extra 10,000 visas per year.

4. H1-B Specialty Occupation. Allows professionals to enter the United States and accept temporary work within their professions. This visa may require or be limited to specific quotas or lengths of stay as well as educational and salary minimums.

5. H2-A/B Temporary Workers. Allows agricultural workers (H2-A) and nonagricultural workers (H2-B) to work in the United States on' a temporary basis. The job itself must be temporary, not merely the length of employment.

6. J-1 Exchange Visitor. Allows participants to enter the United States for a limited time to gain practical experience or to participate in an approved exchange program. Trainees must participate in a structured training program and demonstrate an intention to return to their country of residence. Varying restrictions apply to other participants such as professors, research scholars, medical graduates and teachers.

7. L-1 A/B Intra-Company Transferee. Allows executives and managers (L-lA) or employees with specialized knowledge (L-1B) to transfer from a foreign company to a U.S. parent, branch, subsidiary or affiliate for limited periods. Participants must have worked at the foreign company in the appropriate capacity for at least 12 months during the three years immediately prior to filing a visa application.