For YouThe Art of Employing Foreign Nationals

Florida has become the epicenter of trade with Latin America, and the Caribbean. As we grow in trade so must we grow in multinational skills; hence, the need for foreign nationals and their specialized expertise. The presumption so often encountered by an immigration lawyer is that this is a formidable task. The simple answer to that question is NO, it is not formidable, but it requires expertise in Immigration Law.

Our nation recognizes the value of immigration and has written laws to enable needed skilled workers to come and work here for the same salary as a U.S. worker. The million dollar questions are always, what visa and how fast. Once a corporation realizes it can tap into the pool of foreign workers the next question is invariably; “can they come yesterday?”

The answer to that question is also easy: we have an alphabet of employment-based visas. The harder question is which one does your future employee qualify for, as this determines the speed with which they can transfer in. The most commonly used employment based visas are non-immigrant visas; that is, they are temporary in nature and last up to seven years.

There is a mandate to the Immigration Service to adjudicate these visas expeditiously. Should the employer wish to offer a permanent job there are other immigrant visas available. However, these visas take longer to obtain, so a non-immigrant visa is usually the first step in the process. In addition to being used by employers, these visas also are available to investors or entrepreneurs who wish to set up their own business in the United States.