Doing Business and EmploymentWork authorization, temporary and permanent residence Various options exist depending on the underlying reason for presence in the United States. Business Traveler? Intern/Trainee? Entrepreneur? Superstar? Investor? Trader (Import/Export)? Journalist? Religious Worker? - each category has its own set of criteria and nuances.
The ability to transfer managerial/executive or specialized knowledge employees (including company shareholders) to a U.S. subsidiary or affiliate in a predictable manner enhances your ability to respond to market opportunities or challenges. Popular visa categories with enhanced processing options can give your company this flexibility. Employees must have worked in qualifying position for the foreign company for at least one year within the preceding three years and must be coming to the U.S. to fill a qualifying position. Extensions cannot exceed a total of seven years. Spouses can apply for independent work authorizations.
Treaty Trader or Treaty Investor Companies
To attract Foreign Direct Investment and encourage import/export activities, the United States maintain treaties of navigation and commerce with a number of countries. To see whether your home country qualifies, please visit http://travel.state.gov/visa/fees/fees_3726.html. Nationals of these countries enjoy special privileges that allow their companies - once properly classified as either Treaty Trader (E-1) or Treaty Investor (E-2) companies, to bring in managerial or specialized knowledge employees of the same nationality to work in their U.S. operations. E visas provide many advantages, including no limit on extensions and spouses' ability to apply for an independent work authorization. Children 'age out' at the age of 21. Unlike many other categories, the underlying merits of the E visa category are reviewed and adjudicated at U.S. consulates abroad.
U.S. Companies Seeking Foreign Talent
U.S. employers who have difficulty filling positions with qualified workers may want to entertain the hiring of foreign specialists in the H-1B category. Employers must pay a 'prevailing wage,' create conditions that do not disadvantage U.S. workers and fulfill various posting requirements. The offered position must require a four-year degree and the foreign employee must have a related four-year degree or its equivalent to be eligible.