Legal Question in Immigration Law in California
I have a Corporation in the United States and I wanted to know how to hire an employee from a foreign country.
2 Answers from Attorneys
There are various ways to achieve that. I would be glad to discuss the same as a free consultation. Please call our office for the same.
To temporarily hire a new employee, who is neither a U.S. citizen nor U.S. Legal Permanent Resident, you could look to the H-1B ("specialty occupation") visa. This requires that the foreign worker possess the minimum of a Bachelor's Degree in a discipline related to the position (s)he is being petitioned for. New H-1B petitions can only be filed on April 1st for a start date of October 1st of that same year, unless the U.S. employer is cap-exempt or the prospective employee is already in H-1B status with another company.
To permanently hire a foreign employee, the U.S. employer must file a labor certification & I-140 petition, then the foreign employee must go through the "greencard" process (in most cases; exceptions apply). Thus, most U.S. employers bring the foreign worker over on an H-1B visa & then later petition them for a "greencard".
For more information on this subject, you can visit my website (www.MarleneHemmingsEsq.Info), or www.uscis.gov, or www.foreignlaborcert.doleta.gov.