U.S. Immigration Options for San Antonio Companies

San Antonio companies often find themselves considering U.S. immigration sponsorship for the first time or infrequently as an international applicant arises, whether at a career fair at University of the Incarnate Word, University of Texas San Antonio, Trinity University, Texas A&M San Antonio, St. Mary’s University, Alamo Colleges, or otherwise.

Other local companies have already found utilizing business immigration strategies to be cost-effective to recruit the best talent in the world and minimize employee turnover, as immigration status is generally tied to maintaining employment with the sponsoring employer. It’s an important part of Human Resources and Global Mobility to have an awareness of the available options to recruit and hire the best and the brightest talent worldwide, including implementation of internal HR compliance policies.

An initial consultation with a knowledgeable business immigration lawyer is important to properly assess the appropriate U.S. immigration options, including both the requirements and the procedural flexibility to meet timeframes. Existing corporate clients can generally consult with Myers Immigration Law without paying a consultation fee when posting a job and receiving international applicants for consideration of the appropriate U.S. immigration pathway, if any. A virtually unlimited range of industries commonly sponsor foreign workers, such as manufacturing, energy, construction, healthcare, technology, hospitality, financial services, business, sports, with generally more options existing for professional positions.

How to Assess the Best U.S. Immigration Strategy

The following would be relevant to determine the best temporary nonimmigrant or permanent immigrant visa category:

• Nationality of the international applicant, as certain countries have treaties with the United States which create qualification for a professional or other visa category, whereas certain countries are excluded from certain options.
• CV/Resume of the international applicant, especially detailed work history and educational details.
• Job Description for the position, generally to determine whether its part of an occupation that ordinarily requires a Bachelor’s degree in a specific field as more options are available for professional employment.
• Frequency of Work – Certain U.S. immigration options are specifically for seasonal work and generally do not permit year-round employment, such as the H-2A Temporary Non-Agricultural Worker and H-2B Temporary Non-Agricultural Worker visa.
• Ownership of the U.S. Company – Options may exist by treaty for certain companies which are 50% owned by citizens from the same country as the applicant where a treaty exists, and other options are available for certain intracompany transferees who served as managers, executives, and proprietary knowledge employees with a majority affiliate, parent, or subsidiary outside of the U.S.
• Type of U.S. Company – As an example, companies engaging in substantial trade with a treaty country may qualify for an E-1 Treaty Trader visa for their supervisors and essential skills employees, which are generally degreed professionals but not necessarily. Universities, University affiliates, government research institutes, and nonprofit research institutes are generally exempt from the H-1B professional visa lottery, which is a great benefit, and small employers (25 or fewer employees) and nonprofits generally benefit from cheaper government filing fees.

Our Services page provides a list of common U.S. nonimmigrant and immigration visa categories for preliminary review and further development in a business immigration legal consultation.

The above is informational and not intended to be legal advice. Please consult with an experienced business immigration attorney on your specific facts and circumstances before proceeding with any U.S. immigration strategy.