工作签证

MT LAW LLC

Numerous U.S. businesses and organizations engage professional talent on a global scale, seeking key assets from both in and outside of the United States for a stronger staff. These U.S. businesses recognize their success depends upon the combined skills and expertise of their employees.

Prior to being able to onboard a foreign national, proper U.S. employment authorization must be obtained for that national. We partner with U.S. businesses to secure that employment authorization by assisting with the following:

Determining which classification of short-term or long-term U.S. employment authorization fits the employment opportunity and the foreign national’s qualifications

Understanding the U.S. business’s date of need, timeline, and other considerations to try to align the issuance of the U.S. employment authorization with a reasonable start date

Handling the application process for the U.S. employment authorization, including preparation, submission, and follow-up

Assisting the foreign national take the approved U.S. employment authorization to a U.S. embassy abroad (if the foreign national is currently abroad) and use it to obtain the corresponding work visa for entry to the United States

TYPES OF SHORT-TERM AND LONG-TERM U.S. EMPLOYMENT AUTHORIZATION

Visas for short-term U.S. employment authorization are commonly referred to as “nonimmigrant visas.”

They are for temporary employment in the United States that has an established end date and the foreign national is not using such a visa to permanently immigrate to the U.S. Types of short-term U.S. employment authorization include:

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H-1B

For temporary foreign workers in occupations requiring highly specialized knowledge
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H-2B

Foreign nationals filling temporary non-agricultural jobs
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H-2A

Foreign nationals filling temporary agricultural jobs
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O-1A

Individuals with an extraordinary ability in the sciences, education, business, or athletics, or in the arts
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L-1

For the temporary transfer of an executive or manager from one of its affiliated foreign offices to one of its offices in the United States.
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E-1

Individuals from treaty countries, or employees of companies of treaty countries, carrying out international trade in the United States
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E-2

Nationals of a treaty country admitted to the United States when investing a substantial amount of capital in a U.S. business

Long-term U.S. employment authorization with no established end date requires U.S. permanent residency (widely known as a “green card”). Many U.S. businesses decide to retain global talent for a longer period of time than a temporary visa allows and invest in the valued employee’s future. This requires submitting a request to the U.S. government for permission to classify the employee as an “immigrant” based on the long-term employment and providing the employee the opportunity to become a U.S. permanent resident/green card holder. This may also involve recruiting U.S. workers first, before requesting “immigrant classification”, to show that there are no available and minimally qualified U.S. workers who can assume the job necessitating the long-term employment of the qualified foreign national.

TYPES OF SHORT-TERM AND LONG-TERM U.S. EMPLOYMENT AUTHORIZATION

Certain U.S. businesses have an established global presence with affiliates, subsidiaries, or parent companies located abroad. These U.S. businesses may want to transfer executives, managers, or employees with specific skillsets or knowledge from the foreign affiliate to the U.S. entity. Reasons for the international transfer can range from using that executive or manager’s experience to build up the U.S. operation, or applying a foreign-based employee’s specific knowledge to further a project or initiative at the U.S. operation. Regardless of the reason for the international transfer, the L-1 visa for short-term U.S. employment authorization was designed for this purpose. U.S. businesses seeking to transfer foreign-based staff from an affiliate abroad should consider this option.

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430 Bedford Street, Suite 200,

Lexington, MA 02420