United States Visas & Permits.

Expanding a company’s operations into the United States is an exciting process, but it can also be a challenge. You’ll need a talented team of employees to help you set your company up for global success. If you’re planning to relocate any employees from your parent company to ease the transition, it’s up to you to make sure they have the necessary visas and permits to work in the U.S. legally.

Types of work visas in the U.S.

The United States is a large, complex country that’s open to development from international companies. As a result, there’s a wide variety of U.S. work visas for international employees to choose from.

Some common U.S. work visa categories include:

• E-2 visa for investors.
• I visa for international media representatives.
• H-1B visa for professionals in a specialty occupation.
• L-1A/B visa for intra-company transferees.
• O-1 visas for nationals from other countries with extraordinary achievements or abilities.
• TN NAFTA visas for professionals from Canada or Mexico.

The H-1B visa for professionals performing services in a specialty occupation is the most common U.S. working visa, and it’s the one most of your employees will likely need.

Although non-immigrant visas are generally less complex than immigrant visas, which grant permanent residence in the U.S., the H-1B visa operates as a lottery with random selection and is subject to an annual cap of 65,000. Additionally, there is an advanced degree exemption from the H-1B cap, allowing beneficiaries with a U.S. master’s degree or higher to be eligible for an additional 20,000 slots.

Requirements to obtain U.S. work visas

To get an H-1B visa, international employees must provide the following documents:

• Copies of educational certificates, degrees, and transcripts demonstrating the applicant’s educational qualifications
• A comprehensive resume detailing the applicant’s work experience, skills, and qualifications
• A valid passport
• Letters from previous employers supporting the applicant’s qualifications and work experience

The employer will need to provide:

• A certified LCA to the U.S. Department of Labor (DOL) before filing the H-1B petition.
• Form I-129, which includes the information about the job, the employee’s qualifications, and other relevant details.
• The Employer Identification Number (EIN), also known as the Federal Employer Identification Number (FEIN) or the Federal Tax Identification Number.
• A detailed letter from the sponsoring employer outlining the terms and conditions of the job, the employee’s qualifications, and the need for an H-1B visa.
• Any contractual agreements between the employer and the H-1B visa holder.
• If applicable, evidence demonstrating that the job requires specialized knowledge or skills that the H-1B applicant possesses.
• If the applicant has previously held U.S. visas, copies of those approvals may be required.

Application process

As the employer, it is your responsibility to file a petition for each employee who needs an H-1B visa. The application process is as follows:

1. The employer determines the prevailing wage and the actual wage for the position: To find the prevailing wage, you’ll need to file a form ETA-9141 with the National Prevailing Wage Center in the U.S. You can determine the actual wage by comparing the wages of other workers in the same position with the same experience level as the employee. Your company must pay the higher of the two wages.
2. The employer files a Labor Certification Application (LCA): By signing this form, your company agrees to pay the previously determined wage and offer the international employee the same benefits as your other employees.
3. The U.S. Department of Labor approves the LCA: Upon approval, your company will receive a certified copy of the LCA. You’ll need to post a notice at your worksite that you applied for the LCA.
4. The employer lodges the petition with the U.S. Citizenship and Immigration Services (USCIS): You’ll need to include a variety of job-specific information, including the exact dates of employment and the duties of the position. You will then receive a receipt with a reference number, and an estimated processing time after submission.
5. The USCIS approves the petition: Upon approval, you’ll receive a notice (Form I-797). Prospective workers residing outside the U.S. may apply with the U.S. Department of State (DOS) at a U.S. embassy or consulate abroad for an H-1B visa (if a visa is required). After entering the U.S., the employee can begin working for your company.

Other important considerations

The USCIS limits the number of available H-1B visas provided each year, so it’s best to apply as soon as possible.

The registration period for H-1B visa applicants usually commences around February or March and closes approximately 1 month later. During this limited timeframe, individuals can submit their registrations, and shortly afterward, USCIS informs the selected registrants. Subsequently, successful applicants can proceed to file their H-1B visa application, with the earliest possible start date of October 1.

You should also be aware that the H-1B visa is valid for up to 3 years, after which you can renew it once for a total of up to 6 years.

Discover how G-P can help you manage your global teams.

At G-P, we’re committed to breaking down barriers to global business, enabling opportunity for everyone, everywhere, and helping companies tap into the fullest potential of their workforce. We help you maintain full compliance with local laws and ensure everything from hiring and onboarding to paying your team members is quick and easy, regardless of where they are in the world.

Find out more about how our Global Growth Platform™ can help you grow your team across the globe.

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For this particular location, G-P may offer support processing certain work visas and permits. Contact us today to assess your specific needs.