United States: Corporate Immigration

This country-specific Q&A provides an overview of Corporate Immigration laws and regulations applicable in United States.

  1. What are the relevant government entities relating to immigration in your jurisdiction?

  2. What are the options available for sponsor-based employment in your jurisdiction and timelines involved in securing a work permit?

  3. What are the primary options available for unsponsored work and investment in your jurisdiction?

  4. What are the requirements for becoming a sponsor of employment-based migrants and what are the role and reporting duties of sponsors?

  5. Are applications filed electronically, or paper base? Is a physical visa/work permit document issued or is an electronic approval issued?

  6. Is an in-person attendance/interview required as part of the visa/work permit application process? Is an individual required to enrol their biometrics (digital photo, fingerprint scan) as part of the visa/work permit process?

  7. What persons qualify as dependants? Can dependants work based on their dependant visa status? Are there any restrictions?

  8. What is the general time frame and processes for obtaining permanent residence and citizenship for sponsored and unsponsored business-related immigration?

  9. What productive type activities can a business visitor undertake and for how long?

  10. Can remote work be carried out from your country?

  11. Are there any productive work / revenue generating activities that can be carried out as a visitor and without the need for a work permit? If so, what activities and for how long?

  12. Is there a remote work or nomad visa category in your jurisdiction? If not, how likely is it that this will be implemented in future?

  13. How easy is it to switch visa categories/jobs/employer from within country? And/or if made redundant, can the individual regularise their stay in another capacity and what is the timeframe allowable?

  14. What common issues or concerns may arise for employers under business immigration in your jurisdiction?

  15. Is there a fast track process / certification that business can obtain to expedite visa / permit processing?

  16. What are the recent trends, both political and social (including COVID-19 pandemic), that have impacted your jurisdiction with regard to immigration policy and law? How will this shape the immigration landscape moving forward?

  17. How is the COVID-19 pandemic shaping the immigration landscape in your jurisdiction?

  18. Are there any anticipated changes in the immigration laws of your jurisdiction?

  19. How do you see technology developing and evolving to support immigration process in the future?

  20. What are the Right to Work requirements in your jurisdiction?

  21. What are the types of civil and criminal penalties employers may face for non-compliance with immigration rules i.e. employing an individual who does not have the Right to Work?

  22. Are there any quota and / or labour market testing requirements in your jurisdiction and if so, what do they involve?

  23. Are there quota requirements, restrictions or a cap on the numbers of foreign nationals hired per company in your jurisdiction?

  24. Are there any exit procedures in your jurisdiction, if an individual is departing permanently?

  25. Are there any requirements for medical certificates or vaccinations for your jurisdiction?

  26. Are there any language requirements for your jurisdiction?

  27. What are the government costs associated with a typical employment based visa?

  28. Is a local contract of employment required in order to obtain a work based visa or work permit? Are there salary or other thresholds to be met?

  29. What are the maximum periods of stay for individuals on an employment based visa / work permit?

  30. Does your jurisdiction allow dual nationality?

  31. What are the most positive aspects of your immigration system compared to the rest of the world?