Page 11 - First Coast Vol 3 No 5
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GISELLE CARSON | Immigration Law
What Your Foreign Clients Need to Know About Working in the U.S.
Asthe world’s largest market and the land of opportu- nities, the United States attracts many foreign businesses seeking to grow.  ese businesses of- ten have a di cult time  nding quali-  ed workers to  ll critical and unique
jobs.
In many cases, foreign businesses
need to hire non-U.S. nationals for their U.S. operations. Unfortunately, they  nd that U.S. immigration law is very complex and ever-changing. Annual quotas and other intricacies of the system make the timing of ap- plications and providing accurate and thorough documentation critical to success.
Business immigration lawyers can guide these businesses in overcoming the challenges of hiring and onboard- ing foreign talent and transferring key employees to work in the United States. Our goal is to help foreign businesses and foreign workers com- ply with U.S. immigration law and thrive in their expansion to the U.S. market.
U.S. WORK VISAS FOR FOREIGN NATIONALS
Here are a few of the most com- monly used visas available for hiring foreign nationals to work in the Unit- ed States. Each may prove valuable for di erent stages of expansion, types of workers or job functions.
H-1B Visa: Specialty Occupation Worker.  e H-1B visa is the most sought-a er work visa for profession- als. It is an employer-sponsored visa that allows U.S. businesses to employ foreign workers in professional oc- cupations that require the application of specialized knowledge.  e occu- pation must require a bachelor’s or higher degree (or equivalent), such as
accounting, computer programming, engineering, or architecture.
H-1B visa holders may request to work in the United States for three years and then request an extension for an additional three-year period, allowing them to remain for a total of six years.
While there are some exceptions, the majority of H-1B visa petitions are subject to a cap.  e window for sub- mission opens on the  rst business day of April and closes once the cap is met, which usually occurs within several days. It does not reopen until the following year, so timing and early preparation is crucial.
L-1 Visa: Intracompany Transferee.
 e L-1 visa is a useful and e ective vehicle for multinational companies to establish or expand their presence in the U.S. and to bring in quali ed personnel. Due to the current limited number of H-1B visas, the L-1 is a preferred visa to transfer executives, managers, and workers with special- ized knowledge to the United States.
It allows the transfer of employees of a company with o ces both abroad and in the United States, or a com- pany with the intention of opening a new o ce in the United States while maintaining o ces abroad.
Typically, the employee must have worked abroad for the company or a related company on a full-time basis for at least one year prior.
O-1 Visa: Individual with Extraordi- nary Ability or Achievement.  e O-1 visa is especially helpful for highly accomplished athletes, managers, ex- ecutives, scientists, professors, physi- cians, artists, and other top perform- ers.  is visa allows individuals with exceptional talent in sciences, arts, education, business, or athletics to work in the United States.
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 e applicant must show proof of their national or international acclaim by providing documentation showing their achievements, such as awards, nominations, published works, prizes, or contracts.  is is an employment- based visa with an initial three-year validity and multiple possible exten- sions.
P-1 Visa: Internationally Recognized Athletes or Entertainers.  e P-1 visa is available for individual athletes, athletic teams, and established enter- tainment groups that have achieved international recognition (i.e., have achieved above-average success and recognition in more than one coun- try) in their  eld.
In some situations, the O-1 visa may be preferable to the P-1 visa. While both categories could apply, each of- fers its own strategic advantage. For example, the O-1 visa might provide a stronger path to a green card for ath- letes; however, it has a much higher evidentiary standard.
WELCOME TO THE UNITED STATES!
Like the United States, the team I work with is proudly made up of im- migrants. We welcome foreign busi- nesses and foreign nationals who seek success here, just as we have. Together, we continue the tradition of a country that was built with the talent and hard work of immigrants from around the world.
As a partner on our clients’ jour- ney, we look forward to helping them navigate the
unique challenges
and opportunities of entering the U.S. market, so they can thrive and succeed.
Giselle Carson is a recognized business immigration and compliance attorney. She partners with growing and in- novative organizations to hire and retain global talent to remain competitive, innovative and compliant. She is the author of “Beyond the H-1B: A Guide to Work Visa Options,” available on Amazon. She is a two-time immigrant and endurance athlete. She serves on several distinguished local boards including chair of the JAA. She is a graduate of Leadership Florida and Leadership Jacksonville. She has received many recognitions and awards. Most importantly, she uses her personal and legal experience to help clients achieve their business immigration goals.
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