Article 2: BUSINESS VISAS
In this comment, Magdalena Cuprys, Esq.
addresses and explains the business visa issues and visa alternatives in the
U.S.
In the second
article of her series of Instructional Articles, Florida Attorney Magdalena Cuprys
comments on business visas for employment and possible alternatives.
Preliminary
Considerations
Many
visa applicants assume that once they complete the lengthy and expensive visa
process and detailed interviews both at the U.S. Embassy and upon arrival in
the U.S., they have accomplished their American Dream. If only that could be
true.
Once
they recover from the whole fingerprinting and interviewing stress, there is
more to come. Whether you are a professional or a student, American bureaucracy
will keep you busy for at least the first two months upon your arrival. You
will quickly learn that one simply cannot function without the magic nine
digits, known as a social security number (SSN). The social security system was
designed to track income and earnings so that people could collect payments at
a later point based on how long and how much they contributed over time.
However, since the government assigns a unique number to each individual, other
institutions like to use it for their own purposes. Not having the SSN will
make it impossible to open a bank account, as well as to receive a paycheck! Finding
a local social security office should be your top priority, especially since
you will have to wait for weeks before you get your number in the mail.
However, once it arrives, all the barriers and frustration will disappear, and
you will be all set to start your new American life.
ALTERNATIVES TO THE
H-1B VISA
Because
H-1B work visas are limited (currently only 65,000 per year, plus 20,000 for
holders of advanced U.S. degrees), it is important to keep in mind that there
are alternatives that can help you bring needed foreign workers to the United
States. You might want to consider some of the other nonimmigrant visa
categories available that are not subject to this limitation. Here are some of
the choices:
B-1 in lieu of
H-1B
This
visa allows employees of a foreign company to come to the United States to
participate in a project or training program. Only for short-term assignments,
this classification requires that the foreign national continue to be employed
by the foreign company and return to the foreign company after the project in
the United States has been completed. The visa holder cannot receive a salary
or other remuneration from a U.S. source except for an expense allowance or
reimbursement for incidental expenses.
Trainee visas: J-1 and
H-3
These
visas allow foreign students and professionals to enter the United States for
the purpose of training or developing their careers with a U.S.-based host organization
for up to 18 months and 24 months of training, respectively.
Intracompany
transferee: L-1 visa
One
of the most useful tools available for international companies, the L1 visa
category applies to foreign workers who work for a company with a parent,
subsidiary, branch, or affiliate in the United States. These workers come to
the United States temporarily to perform services either in a managerial or
executive capacity (L-1A), or one which entails specialized knowledge (L-1B)
for a parent, branch, subsidiary, or affiliate of the same employer that
employs the professional abroad. The employee must have been employed abroad
for the affiliated company on a full-time basis for at least one continuous
year within the last three-year period to qualify. L-1 visas are issued up to a
maximum initial period of three years and can be extended for up to seven years
for L-1A managers and five years for L-1B specialized knowledge personnel.
Treaty Trader/Investor:
E-1/2 visas
These
visas are available to nationals of certain countries that have trader and/or
investor treaties with the United States. The E-1 Treaty Trader visa allows you
to establish and run a U.S. business that has substantial trade with your home
country. The E-2 Treaty Investor visa allows you to establish and run a
business with a “substantial investment”
E
visas are issued initially for two years and can be extended almost without
limit.
Individuals of
Extraordinary Ability: O-1 visa
The
O-1 visa category is reserved for individuals of “extraordinary ability” in the
sciences, arts, education, business, or athletics. To qualify as an individual
of extraordinary ability, applicants must demonstrate that they possess “a
level of expertise indicating that the person is one of a small percentage who
has risen to the top of a field of endeavor.” Even though it sounds like only
Nobel-prize winners can qualify, the truth is that the USCIS has dropped the
standard, and the O category has become a useful alternative category. An
initial O-1 petition can be filed for up to a three-year maximum employment
period. Subsequent extensions may be for no more than one year at a time. There
is no limit to the number of extensions possible.
J-1 VISAS FOR CULTURAL
EXCHANGE
Under
the Mutual Educational and Cultural Exchange Act of 1961, the U.S. Department
of State’s Summer Work/Travel program provides “foreign postsecondary students
an opportunity to become directly involved in the daily life of the people of
the United States through travel and temporary work for a period of up to four
months during their summer vacation.” Foreign students participating in the
program are authorized to work anywhere in the United States. Typically, most
students work in nonskilled service positions at businesses such as resorts,
hotels, restaurants, and amusement parks. Hiring a foreign student through the
Summer Work/Travel program has some distinct advantages.
EMPLOYMENT-AUTHORIZED
CANDIDATES
All
the immigration-related matters are coordinated by organizations designated by
the U.S. Department of State (sponsors) to administer exchange-visitor
programs.
The
immigration process and the costs associated with hiring foreign students
intimidate many businesses. More often than not, it is the foreign student who
initiates the process with a sponsor. It is also the student who pays the
sponsors the fee to obtain the required documents to procure a J-1 visa for
entry to the U.S.
CANDIDATES PROFICIENT
IN ENGLISH
All
prospective exchange visitor participants must possess sufficient proficiency
in the English language to participate in their programs. (22 CFR §62.10(a)(2))
QUALIFIED
CANDIDATES
All
prospective exchange-visitor participants must be “bona fide postsecondary
students actively pursuing degrees or full-time courses of study at accredited
educational institutions, or as that status is defined by the foreign
national’s home country educational system.” (22 CFR §62.32(b)(2))
Given
this educational requirement, all program exchange participants will have
completed a secondary-school education or its equivalent. Employers can be
assured that candidates will have a certain level of education.
CANDIDATES SELECTED AND
QUALIFIED BY YOUR BUSINESS
No
prearranged employment before the foreign student enters the United States is
required. Employers can make a hiring decision after the foreign student has
arrived in the United States. Businesses will have the benefit of interviewing
the candidate before extending an offer of employment. This will assure that
the employment relationship will meet the needs of both the employer and the
employee.
CULTURAL EXCHANGE
A
foreign student could contribute wonderful cultural influences to a business.
Likewise, the opportunity that an employer gives a foreign student to gain an
insight into American business and culture is an experience of a lifetime.
Think
beyond the traditional sources of seasonal employees. Participating in the
Summer Work/Travel program may be just the thing a business needs to turn its next
busy season into a financially and culturally rewarding experience.
The
article will be published on the Blog of Ms. Cuprys.
*** Magdalena Cuprys is the principal of Serving Immigrants, a full-service immigration law firm offering a complete range of immigration services to both businesses and individuals. The law firm is uniquely qualified to manage the most contentious and unusual immigration needs. Swift resolution of immigration-related issues is integral to a client’s ability to conduct business or reach their personal goals in the United States. Located in Miami and Clewiston, the firm’s offices provide corporate and individual clients of foreign nationality with temporary work permits for the U.S., green card petitions, criminal waivers and representation in removal proceedings cases. With over a decade of experience, the law firm provides clients with the confidence that their cases will be handled by an expert who understands their needs and how to obtain their goals. Although the majority of the law firm’s clients live in Florida, it represents people from all over the United States and several foreign countries. References Law Firm Website: www.servingimmigrants.com Member for the American Immigration Lawyers Association (AILA), see http://www.ailalawyer.com/english/AttorneyDetail.aspx?P=19738&A=40169 Lawyer Directory: https://www.lawyer.com/magdalena-ewa-cuprys.html LinkedIn Profile: https://www.linkedin.com/in/magdalena-cuprys-265534a/ Martindale Attorney Directory: https://www.martindale.com/organization/magdalena-cuprys-2838433 Findlaw: https://pview.findlaw.com/view/4161404_1 Media News article “Broward Transitional Center: Immigrants With No Criminal History Get Lengthy Stays At Little-Known Jail”, published at https://www.huffingtonpost.com/2013/01/06/broward-transitional-center-immigrants-detained_n_2417664.html See also http://articles.sun-sentinel.com/2013-01-05/news/fl-private-immigration-jail-20130105_1_illegal-immigrants-deutch-human-rights-abuses/4 See also the news reports published at http://www.jambonewspot.com/new/little-known-jail-where-immigrants-in-us-with-no-criminal-history-get-lengthy-stays/ and https://www.wptv.com/news/state/immigrants-with-no-criminal-history-get-lengthy-stays-at-private-south-florida-facility Ms. Cuprys recently prevailed in a hotly contested asylum cases against the U.S. Department of Homeland Security, see press release at https://www.einpresswire.com/article/452266255/immigration-attorney-magdalena-cuprys-prevails-against-u-s-department-of-homeland-security-in-disputed-asylum-claim?r=pavx1xxw1Nt_HxqPVv and https://www.prlog.org/12714538-in-disputed-asylum-claim-florida-immigration-attorney-magdalena-cuprys-prevails-against-dhs.html Attorney Profile: https://solomonlawguild.com/magdalena-e-cuprys%2C-esq Attorney News: https://attorneygazette.com/magdalena-cuprys#4ccbee9f-eb68-44a7-b1df-f0b2366ba5fb
