Assisting Employers Sponsor Foreign Talent.
The Intracompany Transferee Visas
The intracompany transferee visas allow for U.S. companies to transfer qualified workers from abroad. In order to qualify, the individual must have been employed for at least one year in the preceding three for a parent, subsidiary, or affiliate of the U.S. company. This visa type allows for U.S. companies to acquire talented managers or executives from abroad, as well as those possessing the specialized knowledge forged from sister foreign organizations.
Professional workers in a specialty occupation may work in the U.S. under the H-1B visa for a bona fide employer, provided that certain requirements are met. Most private employers however are subject to an annual quota (the “H-1B Cap”) which is determined by lottery each March-April. The H-1B visa is the “go-to” visa for most American companies as there is no foreign employment or ownership required, as is the case with L and E-1/E-2 visas.
Generally speaking, an employer that wants to sponsor a foreign worker permanently must undergo a complicated labor market test whereby it must be certified that there is no minimally qualified available U.S. worker for the subject position. This process requires advertising and recruitment steps, as well as a bona fide attempt to interview prospective workers for the subject petition.