Current U.S. immigration law allows individuals with skills that are needed in the United States to enter the United States for temporary or permanent employment. This article provides a general overview of the current labor immigration system.
Nonimmigrant (temporary) business visas
There are more than 20 different types of nonimmigrant visas. In order to meet the specific needs of the U.S. economy, the definitions of these visas are articulated in law by Congress. Some of these visas may be used for employment in the United States under clearly defined conditions.
Such foreign nationals are allowed temporary admission to the United States for a strictly defined period of time, and in most cases they must prove their intention to return to their home country at the end of their temporary stay.
Nonimmigrants who are authorized to work in the United States are either sponsored by a U.S. employer based on a specific job offer and are required to work only for that employer, or are authorized to work for specific projects. (For example, students interning as part of their educational program or professors and researchers working on international exchange programs.)
Most aliens undergo at least two stages of screening before entering the United States. The consular officer of the Department of State decides if the purpose of the applicant’s trip meets one of the approved visa categories, and if the applicant meets all the requirements for admission to the United States (which means that the person has not committed a felony, fraud, etc.) before he or she is granted a visa and is permitted to enter the United States. Upon arrival, all nonimmigrants are subject to USCIS searches to re-certify their eligibility for entry, determine their nonimmigrant status, and establish the length of stay. Some employer-sponsored nonimmigrants must obtain USCIS approval of a petition filed on their behalf and based on clearly stated criteria before applying for visas.
Certain categories of work visas are limited to an annual limit (e.g., skilled workers (H-1B) and temporary and seasonal workers (H-2B)).
Immigrant Worker Visas (Permanent Resident Visas)
There are five basic types of immigrant visas for business purposes, arranged in descending order of need for the U.S. economy and employers, as determined by the U.S. Congress. A limited number of visas in each category may be issued per year, and the number of visas issued per country is also limited.
Persons who obtain such a visa acquire permanent resident status – receive a Green Card – and have an unlimited right to live and work in the U.S., except in cases of crimes, which result in deportation from the country.
Immigrant work visas are usually granted on the basis of a petition from a U.S. employer, if that employer can demonstrate the need to hire a foreign worker. Some individuals may petition on their own behalf if they meet the statutory criterion of “persons of extraordinary ability” in a particular field, or if it would be in the national interest of the United States to bring them.
U.S. law protects U.S. workers. Most applications for a work visa must be approved by the U.S. Department of Labor and must certify that there are no qualified, skilled, or eligible U.S. workers available to fill the position offered to the alien. Moreover, the certification must contain information that the admission of the alien worker to work in the United States will not adversely affect the working conditions and wages of U.S. workers. Exceptions to this rule are individuals of extraordinary ability in a particular field, individuals whose arrival is in the national interest of the United States, and investors, managers, and senior executives of multinational companies.