RECRUITING FOREIGN NATIONALS

By Norka M. Schell, NYC Business Immigration Lawyer
Law Offices of Norka M. Schell, LLC
Phone: (212)564-1589
Website: www.lawschell.com


Foreign nationals, including those who have been (and continue to be) legally present in the United States, are not all automatically authorized to work. Although some foreigner maintain visa statuses that allow them virtually unlimited authorization for employment, others are eligible to work only in certain types of jobs and for certain employers. For instance, H-1B members of a specialty occupation, J-1 exchange visitors, L-1A and L-1B intra-company transferees, O-1 aliens of extraordinary ability, and TN status professionals who are citizens of Canada or Mexico. 

Foreign nationals in other visa classification, such as L-2, E-2, and J-2 for spouses of L,E,and J principals, may work provided they apply for, and renew periodically, an Employment Authorization Document from United States Citizenship and Immigration Services ("USCIS").

Students or recent graduates holding F-1 status may be eligible to apply for employment authorization in limited situations, but are not automatically entitled to begin employment without first being approved through the school by the USCIS. 

Obtaining and maintaining an Employment Authorization Document takes time, employers and foreign nationals should expect to encounter costs and delays in the process.

For assistance with recruiting foreign nationals, please call my office at (212)564-1589.