10.2.3 H-1B Visa for Specialty Occupations (i) Allows U.S. businesses to hire foreign professionals in specialized fields such as finance, engineering, IT, and medicine.
(ii) Requires a bachelor’s degree or equivalent experience.
(iii) S ubject to an annual cap (except for cap-exempt employers like universities and research institutions). (iv) Self-sponsorship is difficult but possible through a U.S. entity structured to control employment terms.
10.3 Employment-Based Visas for Companies Hiring Foreign Workers U.S. businesses expanding operations may need to sponsor foreign employees to work legally in the U.S. The most common employment-based visas include:
10.3.1 H-1B Visa (as Employer-Sponsored)
Requires employer sponsorship and approval from the U.S. Citizenship and Immigration Services (USCIS). The company must submit a Labor Condition Application (LCA) to the Department of Labor (DOL) to confirm that hiring the foreign worker does not negatively impact U.S. wages and conditions.
10.3.2 TN Visa (for Canadian and Mexican Professionals)
(i) Available under the United States-Mexico-Canada Agreement (USMCA, formerly NAFTA). (ii) Allows professionals in specified fields (e.g., accountants, engineers, scientists) to work in the U.S. for a sponsoring employer.
(iii) Easier and faster processing than H-1B, with no annual cap.
10.3.3 PERM Labor Certification and Employment-Based Green Cards (EB-2 and EB-3 Visas)
(i) EB-2: For professionals with advanced degrees or exceptional ability in business, sciences, or arts. (ii) EB-3: For skilled workers, professionals, and other workers with at least two years of training or experience. (iii) R equires the PERM labor certification process, demonstrating that no qualified U.S. workers are available for the role.
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