BUSINESS
IMMIGRATION TO THE UNITED STATES
A BASIC OVERVIEW
Current U.S. immigration law allows people
who have skills and talents needed in the United States to be
admitted to the United States to work on a temporary or permanent
basis. This paper provides a basic overview of the current
employment-based immigration system.
·
There are more than 20 different kinds of nonimmigrant visa
names and types. Each is defined by Congress in statute
to meet a particular need of the U.S. economy. Some of
these visas can be used for employment in the United States,
under tightly regulated conditions.
· These foreign nationals are allowed to enter the United States for temporary, specifically defined periods of time and in most cases must show intent to return to their home country at the end of their temporary stay.
·
Nonimmigrants with permission to work in the United States are
either sponsored by a U.S. employer based on a specific job offer
and must work only for that employer, or have work permission for
specific objectives. (For example, students
granted practical training in their field of study or professors
and researchers working in international exchange programs.)
·
Most foreign nationals undergo at least two screening
processes in order to come to the United States. The
State Department Consular Officer decides whether the individual’s
purpose in coming matches one of the approved categories, and
whether the person meets all other eligibility criteria for
admission (that is, they’re not a criminal, have not
previously committed fraud, etc) before issuing a visa to allow
the individual to come to the United States. Upon arrival,
all nonimmigrants are inspected by the INS to reconfirm their
qualification for admission, and to determine the appropriate
nonimmigrant classification and authorize a specific length of
stay. Some employer-sponsored nonimmigrants must have INS
approve a petition on their behalf, based on highly defined
criteria, before even applying for their visa.
·
Some work-authorized categories are limited by annual levels
(for example, H-1B professionals, and H-2B temporary or seasonal
workers).
·
There are five basic types of business immigrant visas,
ranked in order of priority of need by U.S. employers and the
economy, as determined by Congress. All categories are
limited by annual levels and per-country levels.
· These immigrants become permanent residents -- obtain “green cards” -- and the indefinite right to live and work in the United States, as long as they do not commit any offense that would render them deportable.
·
Business immigrants usually are sponsored by a U.S. employer
based on a demonstrated need. Some business immigrants
may self-petition if they meet statutory criteria for “extraordinary
ability” in their field, or if their entry would be in the
“national interest.”
·
Protections for U.S. workers are built into the system.
Most business immigrant cases require Department of Labor
certification that no U.S. workers are able, qualified or willing
to take the position offered to the foreign national and that
admitting the immigrant won’t negatively impact the wages
and working conditions of similarly situated U.S. workers. The
only categories exempt from this requirement are those for
individuals who are extraordinary or outstanding in their field
or whose presence is in the “national interest.”
39BS8002 / Last Updated October 8, 1999