5. Alternate Employment Authorization Some foreign nationals are eligible to apply for an Employment Authorization Document (EAD). You may be able to hire a foreign national who is already working pursuant to an EAD or who is eligible for an EAD obtained through a student-based F-1 optional practical training. Additionally, foreign nationals who graduated from a STEM (science, technology, engineering, and math) program and are working in a field related to their major may be eligible for a STEM EAD prior to the expiration of their current EAD. 6. Extraordinary Ability O-1 visas are available to foreign nationals with an extraordinary ability in the sciences, arts, education, business, or athletics – or extraordinary achievement in motion picture or television industry. While these visas do not have a cap, the threshold is very high and requires substantial supporting documentation and is extremely scrutinized by the USCIS. 7. Interns and Trainees A J-1 intern/trainee or H-3 trainee visa is available for entry level positions that involve significant hands-on training and a structured training program. These visas may require proving why the training is not available in the home country and how the foreign national will utilize the skills gained in the U.S. in future employment in the home country. 8. Long-Term Solutions A temporary short term-solution from the above list may be effective in place of or in conjunction with more long-term solutions, including future eligibility for an L-1 intracompany transfer, remote work from the home country, or green card sponsorship. Conclusion Fisher Phillips stands ready to assist you as you navigate your options to hire foreign nationals. If you have questions, please contact your Fisher Phillips attorney, the authors of this Insight, or any attorney in our Technology Industry Group or Immigration Practice Group. We will continue to monitor further developments and provide updates, so make sure you are subscribed to Fisher Phillips’ Insight System to gather the most up-to-date information.
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