There are two areas of primary concern
for technical employment in the United States:
1) temporary visas for employees who
do not intend to live permanently in the United States (non-immigrants),
such as the H1B visa, and
2) permanent resident status ("green
cards") for employees who wish to permanently remain in the
United States (immigrants).
Non-immigrant visas include E visas, H-1B visas, L visas, and
TN visas (Canada or Mexico). The employing company's ownership
combined with the foreign national's experience and education
will determine which visa is most appropriate for employment in
the United States.
For employment-based permanent residence petitions in the technology
field, there are three categories. First preference includes foreign
nationals of extraordinary ability in their profession. Second preference
includes advanced degree professionals (which can sometimes require
a national interest waiver), and the third and most common method
in this category is to obtain labor certification through the United
States Department of Labor. The Department of Labor's "PERM"
system for labor certification went into effect in March, 2005.
If you are an employer or a foreign
national with experience in this field and are seeking an employment visa
in the United States, please call 919-788-9996 to speak with
an attorney today.