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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.

EMPLOYERS' NEED FOR A STRATEGY TO RECRUIT FOREIGN NATIONALS

By Norka M. Schell, NYC Business Immigration Lawyer
Law Offices Of Norka M. Schell, LLC
Tel. (2120564-1589
Website: www.lawschell.com

Although most employers have mastered the recruitment procedures required by the employment laws, few employers has put sophisticated procedure into place relative to recruitment of foreign nationals. United States employers that recruit or receive employment inquires from foreign nationals must master specific issues related to United States Citizenship and Immigration Services ("USCIS") employment authorization, export control licenses, and prohibitions against discrimination. Employers that want to avoid Department of Homeland Security ("DHS") employment authorization and export control issues by not hiring certain foreign nationals must implement sophisticated procedures that do not violate discrimination laws. Employers that decide to hire foreign national affected by DHS and export control requirements also must implement sophisticated procedures related to that hiring. 

For questions with regard recruitment of foreign nationals and employment discrimination based on nationality, please contact my office at phone number (212)564-1589. 




UPDATED VISA BULLETIN FOR MARCH 2014

Posted by Norka M. Schell, NYC Business Immigration Lawyer
Law Offices Of Norka M. Schell, LLC
Phone (2120564-1589
Websitewww.lawschell.com


Family-Sponsored Preferences 
Family-SponsoredAll Chargeability Areas Except Those ListedCHINA-mainland bornINDIAMEXICOPHILIPPINES
F101FEB0701FEB07 01FEB0715OCT9315AUG01
F2A08SEP1308SEP1308SEP1315APR1208SEP13
F2B01SEP0601SEP0601SEP0601MAY93 08JUN03
F315JUN0315JUN0315JUN0308JUN9315FEB93
F408NOV0108NOV0108NOV0115NOV9601SEP90


Employment-Based Preferences 
Employment- Based
All Chargeability Areas Except Those Listed
China - mainland bornINDIAMEXICOPHILIPPINES
1stCCCCC
2ndC15FEB0915NOV04CC
3rd01SEP1201SEP1215SEP0301SEP1201MAY07
Other Workers01SEP1201SEP1215SEP0301SEP1201MAY07
4thCCCCC
Certain Religious WorkersCCCCC
5th
Targeted
Employment
Areas/
Regional Centers
and Pilot Programs
CCCCC