Finding skilled employees that are able to get specific jobs done well can be very difficult for many employers. In many cases, it has become necessary to look for qualified individuals from other countries in order to be successful. Business immigration is extremely helpful to both the organization and the individuals who are able to come to the US for a great job opportunity.
The organizations, however, need to also think about the legal aspects of the immigration process. In many cases, getting the proper visas is really just the beginning of the interaction you will have with the immigration code. The following are some specific challenges that you will likely run into when hiring foreign talent for your organization.
Adjusting Labor Levels to Meet Changing Needs
In almost every type of business there are ups and downs that need to be dealt with. When you have domestic labor you can lay people off or cut their hours as needed without complication. When you have nonresident immigrants, however, there are additional concerns to think about. To terminate an employee that is working on an H-1B visa, for example, requires the organization to withdraw the Labor Condition Application with the U.S. Department of Labor as well as the Petition Approval with the U.S. Citizenship and Immigration Services.
There is often paperwork even for reducing pay or hours for these employees as well. Having an experienced immigration attorney on retainer and working with that attorney prior to any reductions can help to ensure these types of things are handled properly to avoid trouble.
Maintaining a Truly Global Workforce
In today’s business economy, many organizations will require an influx of specific talent to a specific location for a specific duration and project. However, the speed of immigration, whether in the U.S. or to other countries, rarely matches the speed of business. Involving immigration counsel on the front-end of this planning and working with immigration counsel that understands the business needs as well as the global mobility planning and strategy can often help an organization get these employees to the project site more quickly and more efficiently.
Highly Restrictive Immigration Quotas
The quotas for the number of work visas given out each year are still based on 1990’s demand levels. In today’s job environment, these numbers are extremely inaccurate, which makes it very difficult for many companies to qualify for the number and type of visas that they need. In fact, the quota for H-1B visas is typically exhausted by April 1st of each year, which is the first day they become available. Understanding exactly what type of employees you need and which visas they can apply for can help ensure you get the skilled labor you need.
Making sense of immigration law is difficult – but if your organization requires foreign labor, it’s critical that you have a plan in place. If you’d like to learn more about business immigration, or if you’d like assistance creating a plan to ensure that your organization has access to the talent it needs to succeed, please contact me today!
