When running a business, there are times when you may need a particular skill or expertise. In most cases, you would be able to find it within your own country, but what if you needed to employ a foreign worker to fill the role?
Firstly, it’s important to have satisfied yourself in advance that this person is right for the job as mistakes can be difficult to correct at a later date.
To help you out, we are going to look at some top tips to consider when recruiting from abroad, and some of the things to look out for.
As an employer, you are automatically obligated by the government to actively enforce immigration laws. This is whether you are employing foreign workers or not.
Every employer is required to categorize their workers depending on their immigration status. These include U.S Citizens, noncitizen nationals, lawful permanent residents and authorized aliens.
The law also requires you to keep copies of your records for each employee in case of queries.
Hiring a foreign worker
If you decide that a foreign worker has the appropriate skills to fill a role in your business, then you can try to help them get the documentation they need to work in the U.S. However, the rules and procedures covering such workers are complex and can take some time.
You can consider hiring an immigration lawyer in Las Vegas or wherever your company is based. They can help you, and your employee, understand the rules.
You can take the option to sponsor the foreign worker so that they can obtain lawful permanent residency status, otherwise known as a ‘Green Card’. The worker has to fulfil certain criteria such as having the qualifications needed to do the job you are hiring them for.
You also need to be able to spend a lot of time and money to successfully complete the process. It comes down to whether the worker is vital enough to your business.
Nonimmigrant Work Visas
There is also the option of obtaining one of the non-immigrant work visas that allow a foreign worker to stay for a certain period of time. They cover a broad spectrum of work and can be a good first step to getting a Green Card.
This process is often a lot quicker and easier than permanent residency and will allow your worker to enter the U.S sooner.
The only problem that arises from the temporary visas is the criteria are often very specific. Therefore, both you and your worker need to have the particular requirements to satisfy the visa regulations.
Because of the complexity and criteria required by the immigration legislation, it is wise to seek the guidance from an immigration attorney. They will have the knowledge and contacts to get the application and subsequent proof of eligibility to the right place. They can even give you an early indication of whether a prospective employee will be successful in obtaining a visa.