Wilner & O'Reilly, APLC
One Practice. One Focus. One Passion: Immigration Law.

Identifying foreign workers that are eligible for U.S. visas

Employers in California that are interested in hiring non-U.S. citizens for job positions in the United States will have to consider each candidate's visa eligibility. Identifying candidates who are more likely to be approved for work visas can save a company's human resources department a lot of time and expense.

The first thing that should be considered before hiring a foreign-born job candidate is the person's criminal history and previous U.S. immigration history. Any criminal history at all could delay visa processing, and criminal convictions could make a person permanently inadmissible to the U.S. If a job candidate has a record of U.S. visa denials and refusals of entry, a new visa application is likely to be heavily scrutinized. People who did not leave the U.S. once a previous visa had expired could be barred from reentering the country for up to 10 years.

A job candidate's or transferee's potential position within a company will greatly affect their likelihood of securing a U.S. visa. Employees who work in executive or managerial positions have more visa options than unskilled workers. A non-U.S. citizen who has specialized knowledge or extraordinary abilities will have a greater chance of being approved for a U.S. visa.

A company in the U.S. that would like to hire transferees from an affiliated foreign company may have quite a few options for obtaining work visas. If employees already have experience working for the affiliated company, their visa applications may be more likely to be approved. Employment immigration attorneys can help companies that are looking to hire foreign workers to identify eligible job candidates and prepare their visa applications.

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