将公司的业务扩张到美国是令人兴奋的过程,但也可能是一项挑战。 您需要一支才华横溢的员工团队来帮助您的公司为全球成功做好准备。 如果您计划从母公司调动任何员工以实现轻松过渡,那么您就要确保他们拥有必要的签证和许可证,可以合法地在美国工作。
Types of work visas in the U.S.
The United States is a large, complex country that’s open to development from international companies. As a result, there’s a wide variety of U.S. work visas for international employees to choose from.
一些常见的美国工作签证类别包括:
- E-2 visa for investors.
- I visa for international media representatives.
- H-1B visa for professionals in a specialty occupation.
- L-1A/B visa for intra-company transferees.
- O-1 visas for nationals from other countries with extraordinary achievements or abilities.
- TN NAFTA visas for professionals from Canada or Mexico.
The H-1B visa for professionals performing services in a specialty occupation is the most common U.S. working visa, and it’s the one most of your employees will likely need.
Although non-immigrant visas are generally less complex than immigrant visas, which grant permanent residence in the U.S., the H-1B visa operates as a lottery with random selection and is subject to an annual cap of 65,000. Additionally, there is an advanced degree exemption from the H-1B cap, allowing beneficiaries with a U.S. master’s degree or higher to be eligible for an additional 20,000 slots.
Requirements to obtain U.S. work visas
To get an H-1B visa, international employees must provide the following documents:
- Copies of educational certificates, degrees, and transcripts demonstrating the applicant’s educational qualifications
- A comprehensive resume detailing the applicant’s work experience, skills, and qualifications
- 有效的护照
- Letters from previous employers supporting the applicant’s qualifications and work experience
雇主须提供:
- A certified LCA to the U.S. Department of Labor (DOL) before filing the H-1B petition.
- Form I-129, which includes the information about the job, the employee’s qualifications, and other relevant details.
- The Employer Identification Number (EIN), also known as the Federal Employer Identification Number (FEIN) or the Federal Tax Identification Number.
- A detailed letter from the sponsoring employer outlining the terms and conditions of the job, the employee’s qualifications, and the need for an H-1B visa.
- Any contractual agreements between the employer and the H-1B visa holder.
- If applicable, evidence demonstrating that the job requires specialized knowledge or skills that the H-1B applicant possesses.
- If the applicant has previously held U.S. visas, copies of those approvals may be required.
申请流程
作为雇主,您有责任为每个需要 H-1B 签证的员工提交申请。 申请过程如下:
- The employer determines the prevailing wage and the actual wage for the position: To find the prevailing wage, you’ll need to file a form ETA-9141 with the National Prevailing Wage Center in the U.S. You can determine the actual wage by comparing the wages of other workers in the same position with the same experience level as the employee. 贵公司必须支付两种工资中较高的一种。
- The employer files a Labor Certification Application (LCA): By signing this form, your company agrees to pay the previously determined wage and offer the international employee the same benefits as your other employees.
- 美国劳工部批准 LCA:批准 后,贵公司将收到一份经认证的 LCA 副本。 您需要在您的工作场所张贴一份通知,说明您申请了 LCA。
- 雇主向 美国提出请愿书。 Citizenship and Immigration Services (USCIS): You’ll need to include a variety of job-specific information, including the exact dates of employment and the duties of the position. You will then receive a receipt with a reference number, and an estimated processing time after submission.
- The USCIS approves the petition: Upon approval, you’ll receive a notice (Form I-797). Prospective workers residing outside the U.S. may apply with the U.S. Department of State (DOS) at a U.S. embassy or consulate abroad for an H-1B visa (if a visa is required). After entering the U.S., the employee can begin working for your company.
其他重要考虑因素
USCIS 限制每年提供的 H-1B 签证数量,因此最好尽快申请。
The registration period for H-1B visa applicants usually commences around February or March and closes approximately 1 month later. During this limited timeframe, individuals can submit their registrations, and shortly afterward, USCIS informs the selected registrants. Subsequently, successful applicants can proceed to file their H-1B visa application, with the earliest possible start date of 10 月 1 日.
You should also be aware that the H-1B visa is valid for up to 3 years, after which you can renew it once for a total of up to 6 years.
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对于这一特定地点,G-P 可能提供支持处理某些工作签证和许可证。 立即联系我们,评估您的具体需求。