There are two ways generally used by employers to secure lawful temporary en try into the US. to work. The first, the “H 1B” visa, is available to qualified professionals who will come to the U.S. to work in an occupation related to their education, training, or experience. Accountants, engineers, scientists, and research physicians are examples of professionals who fall into the HIB category. Registered nurses fall into. Separate category, known as “H1A”, which has its own particular rules and requirements.
On October 1, 1991, when relevant provisions to the Immigration Act of 1990 took Defect, the H1B application process became more complicated, Employers must now certify that they will pay at least the prevailing wage, and provide similar working conditions, to both the alien
Employee and other employees. Notice of this Certification, o labor condition application”, must be posted in the work place or provided to union representatives. This plication must be approved by the Department of Labor before the H1B application is filed with INS. In another major Change, the total number of HB aliens is limited in any year to 65,000. Prior to the Immigration Act of 1990, there was no Limit on the number of H1Bs.
The second common way for temporary employees to enter the U .S. is with an “L- i visa, This visa is available to qualified employees who are managers or executives of a company doing business in the U.S. and abroad who will be transferred temporarily to operations in the U.S. Again, provisions in the Immigration Act of 1990
Changed some rules for L-l’s but, in contrast to H-IB category, the changes here
Should make the application process somewhat easier.
Frequently, temporary workers who have proven their value to the employer are sponsored by the employer for permanent residence. Alternatively, the employer may wish to bring an employee from abroad who will begin employment here once
Legal entry into the United States is secured. We will now take brief look at the process for an employer to sponsor an employee for permanent residence through either of these routes.
Article extracted from this publication >> November 29, 1991
