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Hiring Foreign Workers
Home :: Business :: Legal
By: Maury Beaulier Email Article
Word Count: 1143 Digg it | Del.icio.us it | Google it | StumbleUpon it

  

What is a Visa?

A "Visa" is simply a stamp in a passport that gives the passport holder authorization to enter the United States. The INS (Immigration and Naturalization Service) handles most matters involving visas. You may find an immigration lawyer to help you with your H1 visa or any other visa on this site.

What is the H1-B Visa?

The H1-B visa is also commonly called a "work visa" or "work permit." This is the most common form of temporary work visa. It enables the foreign worker to enter the United States to work temporarily in a professional capacity. H1B Employment opportunities in the state of Minnesota, which reflect the national trend, are abundant, so abundant that employers are seeking out the assistance of foreign workers to fill the gaps in the workplace. To locate an H1B job in the U.S. use the links at the right to draft and post your resume.

The government requires at least five agencies to certify a foreign employee for H1B work in the United States, often a long process in itself. But the government recently made this process even more arduous by reducing its funding to one key player in the certification process, the State Economic Security Department. This cut in funding has had a grave impact on this state’s, as well as this country’s, ability to recruit and retain foreign professionals for employment, especially those H1B professionals with technical experience and in the field of health care.

How Do I Qualify?

To qualify for an H1-B foreign workers must fit into a category of "priority workers" which include: H1B workers with advanced degrees or exceptional ability; H1B professionals (Bachelor's Degree or the equivalent); H1B skilled workers and others. Generally, foreign workers must also demonstrate that the occupation sought is of a special nature that cannot be easily filled with the workforce available in the United States. Oftentimes demonstrating the special nature of a position requires a statement by the sponsoring employer. The applicant should also be able to demonstrate advanced education skills either through a degree from a foreign university or equivalent employment history. Within each of these three main categories, there are H1B sub-groups, all with their own requirements. It should be noted that there is typically a backlog for H1B workers from China and India in the second and third H1B preference category. To qualify as a H1B "professional" under U.S. immigration laws, you must have at least a bachelor's degree or its equivalent. Work experience may satisfy this prerequisite if the work was in a field that generally requires a bachelor's degree. Additionally, the foreign worker must be employed in a "professional capacity." This means that the employment must be a legitimate professional job requiring a professional education and paying a commensurate salary. The foreign worker cannot simply be engaged in the employment as a hobby or for religious purposes. Click Here To View an Employer/Employee Checklist for the H1-B.

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Attorney Maury D. Beaulier is a recognized leader in the business legal community. To contact Mr. Beaulier call (952) 746-2153 or visit http://www.workvisalawyers.com

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