Securing talent in the United States can be difficult, especially in today’s job market. That’s why many employers turn to other countries to find the qualified candidates that they need.
But securing foreign talent comes with immigration challenges that you have to successful navigate if you want to avoid legal issues. But where do you even start when addressing this issue?
To start, it’s helpful to know what immigration options are available to you and prospective workers. So, let’s start by looking at what visa options you and your workers might be able to utilize.
Commonly utilized visas for employing foreign workers
There are several visa types that you and your business might be able to use to secure foreign talent. Here are some of them:
- H-1B: These visas allow employers to hire workers with specialized knowledge. These individuals typically possess some sort of degree. Generally, those who work in technology and mathematical fields qualify for this type of visa.
- H-2A: This visa is mean to hire temporary agricultural workers who can fill employment gaps experienced by farmers.
- H-2B: This is a temporary visa for non-agricultural skilled and unskilled workers who will fill an employment need that can’t be filled by American workers.
- O-1: This visa is reserved for individuals with extraordinary ability in fields such as the sciences, business, education, athletics, art, and television and film.
These are just some of the visa options that may be available to you. However, there are a lot of nuances and complications that have to be addressed before one of these visas will be granted.
Challenges you might face when seeking an employment visa
Multiple challenges await you as you seek employment visas for your workers. This can include each of the following:
- Visa caps that limit the number of individuals who are given a specific type of visa each year.
- Evidence showing that you, as an employer, can’t fill the job with an American worker.
- Evidence of the prospective employee’s education.
- Proper requests for extension.
- Navigation of proper immigration applications and other paperwork.
- Demonstration that the job in question is temporary or fills a specific need.
These challenges don’t apply to all visa types, but some visa types might have several issues that you have to navigate to ensure that your workers can come to and stay in the United States legally. Therefore, it’s imperative that you understand which visa types are best suited to your set of circumstances. Only then will you know what challenges you need to be prepared to confront.
What to do if an employment visa is denied
If you and your prospective employee seek a visa and are denied, then you might want to consider additional legal action. You might be able to request that USCIS reopen and reconsider the application, at which time you may be able to submit additional evidence to support the request, or you might have to file an appeal. These can be complicated processes, though, so be sure to discuss them with your attorney before proceeding.
Confidently navigate your employment visa challenges
Obtaining the proper visas can be critical to your business’s success. And the process of doing so can be more complicated than you anticipate.
Trying to navigate the intricacies of the immigration process on your own can be problematic, too, as seemingly minor mistakes can lead to delays and application denial.
So, if you’re interested in using the immigration system to your business’s advantage, then now is the time to start educating yourself on what it takes to competently and confidently navigate the process.
