Hiring Foreign Nationals in the United States

Updated September 2004

Provided by the Association of Corporate Counsel
1025 Connecticut Avenue, Suite 200
Washington, D.C. 20036
Tel 202.293.4103
Fax 202.293.4107
www.acca.com

The following materials are intended to provide information for US companies seeking to hire foreign nationals. This information does not represent legal advice and should not be relied on as such nor do the opinions expressed in this material reflect the views of ACC or its lawyers unless so stated. This InfoPAK is not intended to be a comprehensive statement on the subject but, rather, a handbook that provides practical information for the reader. We hope that you find this material useful. Thank you for contacting the Association of Corporate Counsel.

This InfoPAK^SM has been prepared and is being sponsored by the law firm Blackwell Igbanugo P.A.

ACC wishes to acknowledge the following members for their contribution to the development of this InfoPAK:

Catherine Bocskor, General Counsel, Worldwide Partking Inc.,
&
Rajan Eapen, Legal Counsel, CACI International Inc.,

Table Of Contents

1. Introduction


2. Non-immigrant Visa Classifications
   1. H-1B (Professional Worker)
      1. Initial Hiring Stage
      2. Preparing/Filing the Petition
      3. Compliance and Visa Maintenance
      4. Maintaining the LCA Forms and Public Access Files
   2. L-Visa
      1. L-1A (Multinational Managers/Executives)
         1. Initial Hiring Stage
         2. Preparing/Filing the Petition
         3. Compliance and Visa Maintenance
      2. L-1B (Specialized Knowledge)
   3. TN Application (Canada and Mexico)
      1. NAFTA Professional Job Series List
      2. Initial Hire and Transfer to the U.S.
      3. Presenting the TN Packet to the Pre-Flight Inspection or Port of Entry Officer
      4. Compliance and Visa Maintenance
   4. O-1 Visa
      1. Initial Hire and Transfer to the U.S.
      2. Preparing/Filing the Petition
      3. Compliance and Visa Maintenance
   5. B-1/B-2 Visa Waiver Program (VWP)
   6. Employer Sanctions
      1. Employer's Responsibility for I-9
      2. Penalties for I-9 Violations
      3. Discrimination


3. Transitioning from Non-immigrant (Temporary) Residency Status to Immigrant (Permanent) Residency Status
   1. Employment-Based First Preference (EB-1)
      1. Extraordinary Ability
      2. Outstanding Professor or Researcher
      3. Multinational Managers/Executives
   2. Employment-Based Second & Third Preferences EB-2 /EB-3)
      1. Employment-Based Second Preference
      2. National Interest Waiver
      3. Employment-Based Third Preference
      4. The Labor Certification Application
      1. Regular Labor Certification
      2. Reduction in Recruitment (RIR)
      3. PERM
   3. Adjustment of Status Application (Green Card)


4. Additional Resources


5. Sample Forms & Policies
   1. Sample Letter: In support of Petition for L-1B visa


6. Glossary of Key Immigration Terms


7. Major Government Agencies Involved in the Immigration Process


8. Glossary of Key Immigration Forms


9. About Blackwell Igbanugo

Materials may not be reproduced without the express consent of ACC. Copyright (c) 2004 by the Association of Corporate Counsel