The Art of Employing Foreign Nationals
The Art of Employing Foreign Nationals
Florida has become the epicenter of trade with Latin America, and the Caribbean. As we grow in trade so must we grow in multinational skills; hence, the need for foreign nationals and their specialized expertise. The presumption so often encountered by an immigration lawyer is that this is a formidable task. The simple answer to that question is NO, it is not formidable, but it requires expertise in Immigration Law. Our nation recognizes the value of immigration and has written laws to enable needed skilled workers to come and work here for the

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H-1B Visa
H-1B Visa
Commonly known as the professional visa. This visa is designed for employees who will be offered “professional jobs”. This is a term defined and interpreted by the Immigration and Nationality Act. Strangely enough it is not always consonant with the business world. A company president is not considered a professional. The employee must have a 4-year University degree or the equivalent and must earn at a minimum the prevailing wage set by the Department of Labor for this profession (another scary thought).

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L-1 Visa
L-1 Visa
Commonly known as the intercompany transferee visa. The key to this visa is that a) a U.S. corporation has an affiliate or subsidiary overseas and b) 51% of the shares of both the corporation abroad and the U.S. Corporation are held by the same person or corporation.
The two companies must continue to exist, with virtually the same corporate structure, through out the validity of the visa. This is a somewhat difficult scenario to maintain in our

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E-1/E-2 Visas
E-1/E-2 Visas
The treaty or investor visa. These visas depend on a treaty of commerce between the U.S. and the foreign national’s country. Those qualifying for the E-1 (Trader) or E-2 (Investor) visas can pursue long term business objectives using these practical visas. (See Antonia’s Lines Winter 2000 Issue).
PROS: If the employee is not a professional or managerial they may have specialized knowledge which can be used to obtain the visa.

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O Visa
O Visa
The O visa nonimmigrant visa category enables foreign nationals who have demonstrated extraordinary ability or extraordinary achievement in a variety of fields, or those who have critical skills and experience with such an individual, to obtain a temporary working visa.
PROS: For individuals that have demonstrated extraordinary ability in the sciences, arts, educations, business, or athletics or extraordinary achievement in the fields of film or television, proven by sustained national or international acclaim

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B-1 / B-2 Visas
B-1 / B-2 Visas
Most of all non-immigrant applicants arrive to the United States with a B-1/B-2 visa stamped on their passports. These visas allow you to enter the US on a “temporary basis” and are usually extended for six months.

Did you know that these visas are not the same? That is, they are intrinsically independent of one another and entitle the bearer to certain benefits? It is very important to understand and recognize the differences between these two visas.

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