Visas for US Business
Must US business are eligible to sponsor their employees for nonimmigrant (temporary) visas. The H-1B visa can be used for employees who work in a position that requires at least a Bachelor’s degree or the equivalent. H-1B status provides temporary employment authorization in the United States for individuals from any country for any specialty occupation.
The L-1 visa is a good option for employees of multinational organizations. L-1 visas are appropriate for managers, executives, and specialized knowledge workers. Other typical visas for business professionals include: TN (Canadian and Mexican nationals); E-3 (Australian nationals); E-1/E-2 (certain Treaty Investors and Treaty Traders); and B-1/B-2 (short-term business entries).
Green Card Options
The green card process for most business professionals will require PERM labor certification process followed by either Adjustment of Status.
The EB-2 category is the immigrant visa classification for positions requiring at least an advanced degree (Master’s degree or higher) or a Bachelor’s degree and five years of progressively responsible experience. The classification is relevant to when an immigrant visa is available. Generally speaking there is no backlog for EB-2 visas for most countries (excluding India and China) and thus an immigrant visa can be obtained “immediately” as soon as the normal case processing is completed. In contrast, obtaining an immigrant visa for an individual filing in the EB-3 classification is currently a lengthy process which takes between four to seven years or longer for individuals born in either India or China.