US Immigration

A Look At Business Immigration In The United States

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A Look At Business Immigration In The United States

Business Immigration in the United States
Under current immigration law, individuals with talents and skills that are demand in the United States may be admitted to work on a permanent or temporary basis. Twenty different types of non-immigrant visas exist in under the immigration policy in the United States. Each type of visa is specifically defined by Congress for meeting a specific need within the United States economy. Some visas may be used for employment, although only under heavily regulated conditions. The existence of these visas makes it possible for foreign nationals to enter the United States for a temporary period of time. That period of time is specifically defined and the person must usually demonstrate intent to return to their country of origin when their temporary stay in the U.S. has expired. Non-immigrants who have permission to work in the U.S. must have employment permission that relates to very specific objectives or must have a specific job offer and be sponsored by an employer. In the case of the latter, the non-immigrant worker must work only for the employer that sponsored them.

State Department Consular and the INS
The majority of foreign nationals proceed through a minimum of two screening processes to make their way to the United States. It is up to the discretion of the State Department Consular Officer to determine whether the purpose of an individual in coming to the United States is a match with one of the approved categories for business immigration. It is also within their purview to determine whether an individual meets any other eligibility criteria that may be required for admission to the United States, such as not having a prior criminal record, etc. All relevant admission requirements must be met before a visa will be used to allow the worker to enter the United States. After arrival, all non-immigrant workers are inspected by the INS in an effort to reconfirm qualifications as well as to determine that appropriate classification. A specific length of stay will also be authorized at that time. In some cases, employer sponsored non-immigrant workers have a petition approved on their behalf by INS. There are some categories that are work-authorized with are limited by annual caps. For example, the H1-B professional category and the H2-B seasonal or temporary worker categories are limited to a specific number each year.

Business Immigrant Visas
There are five basic forms of business immigrant visas. They are ranked according to the priority of need by employers and the economy in the United States. The priority of need is determined by Congress. Each of these categories is limited by annual caps as well as per-country levels. Immigrants coming to the United States under these categories become permanent residents and are issued Green Cards. They are provided with the right to live and work in the U.S. for an unlimited amount of time, provided they do not commit any offense that would cause them to be considered deportable. In most cases, business immigrants are sponsored by an employer in the United States based on a need that has been carefully documented. Due to concern regarding the displacement of U.S. workers, protections have been built into the business immigration system. For instance, under most business immigrant classifications, the Department of Labor must certify that there are no U.S. workers who are able, willing or qualified to accept the position that is offered to a foreign national.