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Employers must ensure they understand employment visa laws

On Behalf of | Feb 5, 2025 | Business & Employment Immigration

Many companies in the United States opt to hire foreign workers, but this comes with a little extra work on their parts. In some cases, foreign nationals will need to obtain a sponsorship for an employment visa. This comes with a detailed application process, eligibility criteria and compliance requirements.

Even if an employer doesn’t sponsor any employees, it’s still a good idea for them to have at least a basic idea of immigration laws. This can help them to ensure they remain in compliance so they can avoid legal issues related to these matters.

Categories of work visas

In the U.S., there are several different types of work visas that a person may obtain. The one they’ll need depends on the type of employment they need to do. One of the most common is the H-1B visa, which is reserved only for skilled professionals working in specialized fields. This type of visa has an annual cap and always requires an employer sponsorship.

The L-1 visa is another type of work visa. It’s suitable for intracompany transfers who are moving into a U.S. branch from a foreign office. There are others, including the O-1 and TN visas that are meant for people with extraordinary ability and professionals from Mexico and Canada, respectively. The H-2A visa is for agricultural work, and the H-2B visa is for non-agricultural work.

There’s also the E-2 visa, which is used for entrepreneurs and investors who can meet specific financial obligations. Other criteria, such as creating jobs in their target area, are also present for this type of visa. 

Employer responsibilities

Employers are required to comply with all applicable legal obligations if they have foreign workers. These include verification of all documentation and obtaining any permits necessary. They also have to ensure they’re paying fair wages to all their employees and following all labor laws.

Immigration law changes frequently, so it can be difficult to remain on top of the most current regulations. It may be beneficial for employers to have someone to assist them with immigration matters. Legal issues caused by immigration issues can be time-consuming and costly to deal with, so it’s crucial to take steps to prevent any potential problems.

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