There are many additional nonimmigrant visas less frequently used for global mobility assignments that are worth a brief mention. Foreign students with the F-1 visa are often granted authorization for employment related to their studies before and after graduation. Certain F-1 students who receive science, technology, engineering and mathematics degrees, and who meet other specific requirements, are able to apply for a 24-month extension of work authorization after graduation if their employer is enrolled in E-Verify.
The O-1 visa authorizes the employment of foreign nationals of extraordinary ability. Foreign nationals with skills in short supply in the US may be able to obtain the H-2B visa for temporary, seasonal or peak load type of work.
Immigrant visas generally take longer to obtain, but in some situations compare favorably to nonimmigrant visas. Permanent resident status is often a goal for foreign nationals, and US employers rely on immigrant visas to continue to have access to their work after the nonimmigrant visas' limited duration is exhausted. Selecting a nonimmigrant visa that is consistent with a long-term immigrant visa option can be crucial. US employers are well advised to develop policies and practices that recognize the value of the immigration process to recruit and retain skilled foreign professionals, while ensuring corporate compliance with US law.
In addition to employment-based immigrant visas, immigration to the US is possible through family-based immigrant visas by relatives who are qualified US citizens or permanent residents.
Immigrants are often interested in later becoming US citizens. Naturalization to citizenship generally requires five years of continuous residence after immigrating, for at least half of which the immigrant must be physically in the country. Lengthy travel abroad, therefore, can detrimentally impact eligibility.
Further, immigrant status itself can be lost through lengthy travel abroad. US permanent residents may be reluctant to accept assignments outside the US for this reason. It is often possible to address these concerns. The USCIS can issue reentry permits to help immigrants maintain their status while abroad. Further, immigrants working abroad for US-owned companies or their foreign subsidiaries may qualify to protect their eligibility for citizenship. Both requests are time sensitive and should be made before the assignment abroad begins.
US law generally requires immigrants to continue to file federal income tax returns, even when all their income is earned abroad. Moreover, immigrant status can be impacted if a nonresident tax return is filed or if no US return is filed.