Those foreign nationals coming temporarily to the United States to engage in commercial transactions which do not involve gainful employment in the United States may obtain nonimmigrant visitors visas. These individuals are those who are engaged in international commerce on behalf of a foreign firm, are not employed in the U.S. labor market, and receive no salary from U.S. sources.

Applicants for business-visitor visas must show that they qualify under provisions of the Immigration and Nationality Act and demonstrate that:

* The purpose of their trip is to enter the U.S. for business,

* They plan to remain for a specific, limited period; and

* They have a residence outside the U.S. as well as other binding ties which will insure their return abroad at the end of the visit.

Employers may also petition for a foreign resident to come to the United States temporarily to perform services or labor, or to receive training. Examples of those qualifying for visas are nurses, individuals with highly specialized knowledge and experience, athletes, artists and entertainers with national or international recognition, individuals of distinghished merit and ability and those that have extraordinary ability in the sciences, education, or business.

Another category for nonimmigrant business visas are Treaty Traders or Investors. This applies to individuals coming to the United States, under the provisions of a treaty of commerce and navigation between the United States and the foreign state of such foreign national, to carry on substantial trade or to direct the operations of an enterprise in which he/she has invested a substantial amount of capital.

There are several government agencies involved with granting permission for foreign workers to work in the United States. First, employers must seek certification through the Department of Labor (DOL). Once the application is certified/approved the employer must petition USCIS for a visa. Approval by DOL does not guarantee a visa issuance. Applicants must also establish that they are admissible to the U.S. under provisions of the Immigration and Nationality Act .

Foreign Labor Certification

Foreign labor certification programs are generally designed to assure that the admission of foreign workers to work in the United States on a permanent or temporary basis will not adversely affect the job opportunities, wages and working conditions of American workers.

L1 – Intracompany Transferee

L classification applies to intra-company transferees who, within the three preceding years, have been employed abroad continuously for one year, and who will be employed by a branch, parent, affiliate, or subsidiary of that same employer in the U.S. in a managerial, executive, or specialized knowledge capacity;

For additional information and procedures please contact us at info@passintl.com.