Business And Immigration: The Growing Synergy.

A growing number of companies employ immigrant workers, and whether the business is a United States domiciled company filling specific needs, a multi-national company, or investors establishing businesses in United States, work visas must be obtained. As a result, there is a growing demand for this specialized aspect of the law. The most common types of visas available for foreign workers are temporary work visas and permanent visas, commonly known as "Green Cards."

A Treaty Investor Visa (E-2) is authorized for an individual coming from a country that has a commercial treaty with the United States. The person must come solely to direct and develop operations of a lawfully acquired enterprise for profit in which he or she has invested a substantial amount of capital. While the capital can range from $50,000 to several million dollars, it is generally expected to be at least $200,000, depending on the industry.

Intra-Company Transfer Visas (L-1) are for aliens who have worked abroad for a minimum of one year within the past three years and are being transferred temporarily to work in the United States for a qualifying related business entity in an executive, managerial, or specialized knowledge capacity. Individuals in any one of these three categories are considered employable by the Immigration and Naturalization Service (INS), providing the United States employer meets the requirements as a qualifying organization.

There are four business entities in the United States that can offer employment to an alien by meeting the requirements of a qualifying organization: a parent company, a branch of a company, a subsidiary, or an affiliate. With the growing number of multi-national companies, particularly those specializing in high technology, there is an increased demand for intra-company transfer visas.

Another type of temporary work visa is the H-1B Visa, which entitles the holder to work in the United States for an employer in a particular job. The H-1 B visa is a nonimmigrant category visa set aside for foreign workers in a "specialty occupation." Commonly included fields include computer science, engineering, consultants, business specialties and many teaching categories. The holder of this visa must intend to leave the United States at the expiration of the authorized period of stay, unless permanent residence has been granted or an extension obtained. Holders of H-1B visas need not maintain a foreign residence during their stay in the United States, unlike other nonimmigrant visa categories.

There is an annual limit imposed on H-1B visas for new employees. However, that limit does not apply to current holders. H-1B visas are usually granted for three years with extensions obtained for up to a total of six years. Holders of H-1B visas may seek permanent residency.

The Investor Visa (EB-5) is designated for those who invest a minimum of $1 million in a new enterprise employing at least 10 United States workers, excluding the immigrant and family members. The investment required is lowered to $500,000 if the business is established in certain rural or high unemployment areas.

Labor Certification is the most common process through which foreign skilled workers, such as cooks, tailors and craftsmen, can obtain permanent residence (Green Card). An employer must successfully demonstrate to the United States Department of Labor that no United States worker is able, qualified and willing to perform the work for which a foreign worker is being hired. The employer engaged in this petition process must advertise the position and fulfill certain recruitment efforts to fill the position with a qualified United States worker. The position must offer the normal or prevailing wage and be without any "restrictive requirements" such as language skills. In short, it must not be tailored for the foreign worker.

Stepan W. Baghdassarian of the Law Offices of Stepan W Baghdassarian, a Professional Corporation, in Encino, can be contacted via [e-mail].