The changing facets of hiring foreign nations in the United States.

by Hudson Mckenzie Lawyers and Solicitors who understand you

In today’s times of globalization, a large number of multinational companies want to transfer executives and managers from affiliated firms to the U.S. for specific "tours of duty." Basis on the professional contextual of the planned transferee, the duration of the proposed stay, and the nationality of the foreigner, various options are readily available for the U.S.-based employer. These options are all controlled in the Immigration and Nationality Act and are generally referred to by the letter and number that mean their sub-section in Section 101, the definitions section of the Act (8 U.S.C. §1101(a) (15)).

Foreign business travelers coming to US resort to B-1 visas during a short stay (not to go beyond one year). There is no scope for U.S. employers to recompense these visitors. While in the U.S. as a business visitor, a person can choose to:

· Conduct negotiations,

· Solicit sales or investment,

· Discuss planned investment or purchases,

· Make investments or purchases,

· Attend meetings and participate in them fully,

· Interview and hire staff, and

· Conduct research.

It is important to understand that people entering in the U.S. for tourism or commercial purpose for 90 days or less from eligible countries (such as Western Europe, Japan, Australia and New Zealand) may be entitled to visit the U.S. without a visa if their specifications match with the visa waiver program requirements.

According to leading immigration solicitors in London, company-sponsored employment approval for foreign nationals can be bifurcated into two categories:

(1) Non-immigrant status: a particular employer may seek permission to hire a foreign person for a specific period of time as a provisional employee; and

(2) Immigrant status or permanent residency: a company may patron a foreign national for permanent residence.

There are some visa categories that are known to permit the transitioning from Non-immigrant (Temporary) Residency Status to Immigrant (Permanent) Residency Status, but not all categories allow do. Under the influence of "dual intent" doctrine, some non-immigrants are permitted to enter and/or remain in the U.S. temporarily with a non-immigrant visa (such as H-1 or L) even though they have exhibited a long-term commitment to stay lastingly. B-1, B-2 and F-1 categories do not allow themselves to submission of the "dual intent" principle.

Each visa category has very particular regulations that must be tracked carefully by immigration solicitors in London, most of which ask for coordination between the United States Citizenship and Immigration Services (USCIS), portion of the Department of Homeland Security, and other U.S. government departments, such as the Labor Department. Timelines are very important and documentation can be large.

The major visa categories for the temporary non-immigrant employment of foreign nationals include L-1A (Multinational Managers/Executives), L-1B (Specialized Knowledge), H-1B (Professional Workers), and TN Application (Canada and Mexico).