Hiring a Foreign National - Understanding Visa Programs

Work visas authorize employment in the U.S. on a temporary basis. The process should begin about five months before the employment start date of the foreign national employee. While there is a vast array of temporary work visas available below are the ones with which you, as the prospective employer of a foreign national, will most likely require:

1. H1-B Visa - This visa is for specialty occupations, It requires applicants to have a college degree. Approximately 65,000 H1-B visas are issued annually.

2. H2-B Work Visa - This visa is issued to skilled and unskilled workers in non-agricultural jobs. Approximately 66,000 of these visas are issued annually.

3. H-3 Trainee Visa - As the name implies these visas are issued to foreign national who will be employed in on-the-job training programs. The H-3 is available for up to a two-year period in a variety of industries, provided the type of training is not available in the foreign national's home country. There is no limitation on the number of H-3 visas that are issued in the U.S.

4. J-1 Exchange Visitor Visa - These visas are available to foreign nationals who are sponsored by a school, business of other organization for employment such as an au pair/nanny, summer camp counselor/staff and medical resident/intern type work.

5. L-1 Intra-Company Transfer Work Visa - These visas are available to current foreign national employees of multi-national U.S. companies who are needed to work for the same company but in the U.S.

If a foreign national has a U.S. permanent resident card (green card), the employee is treated as a U.S. resident for all employment-related issues and is subject to income tax on their worldwide income. If the foreign national is already in the U.S. on a work visa, for a current employer, you may be able to transfer the work visa to your company.

 

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