Work Visas Require Cooperation between Employers and Employees


Many employers hire foreign nationals to work in the United States, but the process of obtaining the necessary work permits for foreign national employees can be difficult and time-consuming. The success of a visa petition depends, in large part, on cooperation between the employer and the foreign national employee.

In many cases, the petition for a work visa will be filed by the employer and will require that the employer provide detailed information regarding the position that the foreign national will fill. For instance, the L work visa allows multinational companies to transfer overseas employees to the United States if the employee has been employed outside of the United States by the U.S. employer’s subsidiary, parent company, or corporate affiliate. The employer will submit the petition and must show that the foreign national employee was continuously employed abroad for one continuous year within the three year period of time preceding the L visa application being submitted to USCIS, and that the transferred employee will be employed in the U.S. as either an executive, manager, or an employee who possesses specialized knowledge.

Similarly, the H-1B visa is available for business who wish to hire foreign nationals to fill technical positions. Even though the employer submits the petition to USCIS, it must show that the foreign national has a bachelor’s degree or the U.S. equivalent necessary for the job.

According, because many work visas require that employers submit detailed information about both the position and the employee’s education/qualifications, it is important that the employer and employee work together to provide the necessary information.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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