Those companies looking to hire foreign talent or transfer existing employees to the United States need to know that securing proper work visas is crucial. The process is often lengthy and very complex as there are strict eligibility rules and documentation requirements. One mistake could derail your best-laid plans and jeopardize your ability to build the workforce you need.
Understand Your Options
There are a few non-immigrant visa categories that currently exist for temporary workers. The most common of these are:
- H-1B for Specialty Occupations.
- L-1 for Intracompany Transferees.
- E-1/E-2 for Investors/Traders.
- TN for NAFTA Professionals.
- O-1 for Individuals with Extraordinary Ability.
Each one has distinct qualification criteria that are based on criteria such as job duties, intended stay duration, education/skills of the worker, and investment amounts. To that end, clearly identifying which visa best fits your particular hiring need is a really first step.
Start Early
Know that processing times for work visas can be really long because of things like high volumes, security vetting procedures, and strict annual caps in some categories like H-1B. Starting the process as early as possible then, ideally 6 months or more in advance, is highly advisable. Last-minute, rushed applications could face higher risks of delays, denials, or missed deadlines.
Gather Extensive Documentation
Be thorough when it comes to assembling all documentation required, which can include items like:
- Completed visa petition forms.
- Worker’s academic/professional credentials.
- Job descriptions.
- Employment verification records.
- Tax/financial statements.
- Site visit documentation.
Missing items could cause long delays – or even denial – so make sure that you have every piece before filing.
Involve Legal Experts
The intricacies of employment visa laws make attempting to manage the process alone extremely risky for employers. According to the experts over at immigration law firm Graham Adair, even small unintentional errors or failure to correctly interpret complex regulations can derail a visa petition. Retaining an expert H-1B visa attorney is highly advisable for making sure full of compliance and bolstering approval chances.
Verify Prevailing Wage Requirements
For visas like H-1B which involve specialty occupations, employers need to pay foreign workers at least the legally determined prevailing wage for that role in the geographic work location. Not meeting these salary minimums is grounds for denial. So conducting a proper wage assessment and adjusting offered compensation packages accordingly is really important.
Prepare for Site Visits/Audits
The government reserves the right to conduct unannounced site visits or audits to verify an employer’s ability to legally comply with a work visa’s conditions and requirements. Having documented evidence like worksite photographs, equipment lists, worker contracts and more on hand can help show your legitimacy and commitment.
Renew Visas Proactively
Most work visas have maximum validity periods and finite expiration dates. It is critical to closely monitor when your foreign workers’ visa renewals will be coming due and file extension petitions proactively to avoid lapses in work authorization. Missing these deadlines can disrupt operations and lead to compliance violations.
Maintain Detailed Records
Throughout the entire employment period of foreign workers, be meticulous about documenting and retaining records demonstrating your continued visa adherence. Items like pay stubs, work timetables, contracts, travel manifests and more may need to be furnished to the authorities upon request. Poor record-keeping raises red flags.
Map Out Long-Term Plans
While work visas enable temporary employment of foreign nationals, many employers hope to eventually retain these workers permanently. Work closely with your legal team from the start to understand visa statuses, eligibility requirements, and pathways for transitioning talented hires to green cards if desired. Developing this roadmap upfront is critical.
Conclusion
Being proactive, meticulous, and securing professional legal guidance means you can confidently navigate the complex work visa landscape. Don’t let lack of preparation derail your ability to build the skilled, diverse workforce you need to compete globally.
