David Fullmer, Immigration Lawyer

One may obtain authorization to work in the US as a temporary worker or as in immigrant. It is generally much quicker to obtain a temporary work visa than it is to immigrate to the US which is also knows as a “Green Card”. Temporary work visas are usually tied to a specific employer and are generally valid for one, two or three years but it generally only takes a few months to obtain a work visa. On the other hand, it generally takes longer to obtain a Green Card but it is generally permanent. The most common work visa is the H-1B visa which filed by employers for degreed workers in specialty occupations. In order to participate in the H-1B program, and employer must a potential worker into a vias lottery. The US also has treaties with 5 countries for similar visas without going through the H-1B lottery: Canada, Mexico, Australia, Singapore and Chile. J-1 visas allow recent graduates to gain 12 to 18 months of work experience in the US. O-1 visas allow industry leaders who are at the top of their filed to work in the United States. The L-1 visa that allows executives and managers to transfer from an overseas affiliate to the US affiliate in the same organization. One may immigrate to the US or obtain a “Green Card” based on a close family relationship, and children and siblings of US Citizens and to spouses and children of Green Card holders. Employment-based immigration is available to several categories including multi-national executives, individuals with extraordinary ability and are available to many occupations if an employer cannot find qualified US workers after a labor market test or “PERM” labor certification. Investors can also obtain a “Green Card” by investing at least $500,000 in a qualifying investment that creates at least 10 full time jobs for US workers.

The E-2, Treaty Investor Visa is available to nationals of many countries that have treaty with the United States. Notable countries that do not have E-2 treaties with the United States are: Brazil, Russia, India, China and South Africa. In order to obtain an E-2 visa, nationals of a treaty country must establish and be at least a 50% owner of a business in the United States. They must make a substantial investment in the business and employ US workers. The basic tasks that must be completed before applying for the visa are: Establishing the US entity, obtaining a US Federal Employer ID number, opening a US bank account, transferring the investment funds into the bank account, spending the funds on setting up the business, leasing an office, setting up payroll and hiring staff and preparing a 5 year business plan. Once tasks are completed the visa application may be made at the US Consulate.

In the current economy technology companies build on the foundation technology are leading the economy, with the FAANG companies (Facebook, Apple, Amazon, Netflix and Google) as notable examples. There is currently a great deal of innovation in many areas including: e-commerce, biotech, fintech, AI, VR and the list goes on. One thing that these companies have in common is that they all require highly educated and skilled technology workers to architect, write and maintain the software and systems required for these businesses. The number of technology-based start-ups is growing quickly and there are plenty of venture capitalists who are willing to find these innovative ideas. There is however that the demand for technology worker is growing much faster than the technology workforce in the United States. Part of the solution for the problem is for companies to tap into the international talent pool. When foreign students who are attending US universities graduate they obtain an one year work permit that is known as OPT to enable them to gain work experience in their field. Students who graduated with a STEM major and who are hired by an employer that participates in the federal E-Verify program are allowed to extend the OPT for two years. This allows employers to utilize the services of these recent graduates for three years without the need to obtain an H-1B visa. However during the three year term of the OPT, employers will have three opportunities to submit these individuals in the H-1B lottery which occurs in late March each year. Companies who recruit for technology professionals will also receive applications from individuals who are already employed in the United States in H-1B status. This group of individuals is in high demand because a new employer can file a new H-1B petition to allow an employee to move from on job to another and may begin work at the new employer a soon as the new application is filed. Finally employers who are in need of international workers should consider that the US has treaties with 5 countries for visas that are similar to the H-1B visa but which do not require going through the H-1B lottery: Canada, Mexico, Australia, Singapore and Chile.