What you need to do to hire foreign workers

Question: I am a U.S. employer and I want to hire a foreign person, what do I need to do?

Answer: U.S. employers can petition for nonimmigrant or immigrant status for certain employees. 

Nonimmigrant status allows a foreign national to work in the U.S. for a defined period of time in a defined position.

There are many different kinds of status or visas which allow a foreign national to work in the U.S., each with different legal requirements. Commonly used types of nonimmigrant visas which allow employment are the following:

• H-1B visa for professional workers

• H-2B visas for seasonal or temporary workers

• L-1A or L-1B visas for multinational workers who are transferring from a foreign company to a related U.S. company

• O and P visas for artists, athletes or those with extraordinary ability

• R-1 visas for religious workers

• E-1 or E-2 visas for entrepreneurs who start their own company or work in a position of specialized knowledge for a company which has foreign ownership

Some U.S. employers may also petition for an immigrant status for an employee. An immigrant status is also known as lawful permanent residence or commonly called a “green card.” Permanent resident status allows a foreign national to live and work in the U.S. indefinitely.

Because the employment-based permanent residence process can take a long time, some companies will start with an appropriate nonimmigrant visa and employ the foreign national while working through the permanent residence process.

Legal Lines is a question and answer column provided as a public service by the Colorado Bar Association.

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