Visas & Compliance for Short-term and Temporary Workforce
Our passion for helping organizations recruit and train future leaders and innovators is rivaled only by that of our clients. For employers who seek short-term trainee, intern, student and visitor immigration solutions, we assist with:
We provide support for clients who are navigating the Student Exchange and Visitor Information System (SEVIS), the system through which institutions of higher education work with the Department of Homeland Security to gather, store, and exchange data on students using F-1, J-1, or M-1 visas. In order to accept nonimmigrant students, a university or other educational institution must be granted authorization to admit foreign national students (see SEVIS Certification below) and must then remain in compliance with the program requirements of SEVIS. The government ensures compliance by auditing schools every two years. Our clients include colleges, universities, research organizations, and private and public high schools across the country.
Universities, colleges, private schools, and public high schools seek to enroll foreign national students in order to create cultural experiences for the U.S. student body as well as to expand sources of tuition revenue. This requires certification of the institution by the federal Student and Exchange Visitor Program. FordMurray has worked with schools across the nation to successfully navigate the I-17 Certification process. Our services include assistance with preparation and filing of the I-17 petition as well as training of school administrators in F-1 visa regulations as required for successful completion of the site visit and interview by SEVP agents.
J-1 and H-3 Visas for Trainees and Interns:
We provide support for clients who need to bring trainees or interns to the United States on either a J-1 or H-3 visa. An H-3 visa allows an employer to create a training program, but with the caveat that the visa applicant cannot have the opportunity to obtain the same training in their home country. Conversely, employers who use a J-1 visa must go through a pre-approved training program provider — taking the onus of creating the program off of the employer. This also avoids the requirement that the training be unavailable in the visa applicant’s home country.
Strategic use of B-1 Visa:
Two scenarios often come into play with the B-1 visa. The primary scenario is using the B-1 to allow a key employee of your overseas office enter the U.S. to attend business meetings, or receive or provide training. A secondary option is the B-1 in lieu of H-1B that may be used strategically by employers to bring an overseas employee to the United States for a temporary period. The employee will need to remain on foreign payroll and must otherwise meet B-1 and H-1B qualifications. We counsel clients on whether a B-1 in lieu of H-1B visa could be a viable alternative for short-term employment, which is highly sought after but limited in availability. A B-1 visa has a number of requirements that differ from an H-1B visa; these requirements are primarily focused on the visa holder’s ties to their native country. For a B-1 visa, among other requirements, the applicant must be paid by a company’s associated foreign entity; they must have a residence in a foreign country, which they do not intend to abandon; they must intend to enter the United States for a period of specifically limited duration; and they must be seeking admission for the sole purpose of engaging in legitimate activities relating to business.
Please click here to download our complimentary SEVIS compliance guide. Should you need immediate legal assistance, please contact us today!