Hiring Employees with Work Visas in the United States
There are many reasons to hire someone from outside the United States to work a job in the United States, but there are also a few things to pay attention to when doing this within your company. Certain rules of hiring employees with work visas in the United States must be strictly followed, but carefully adhering to these rules will make it simple and easy for you to find the perfect fit for your current job openings.
Understanding the Visa Options
The first step in hiring a foreign national to work in the United States is understanding the specific type of visa they are using and the rules that come with it. There are several different visas available to people who are seeking employment outside of their country. These can be based on the type of work the employee will be doing, the length of time they are looking to perform the United States job, based on certain skill levels, or years of schooling. Here are a few examples of the types of visas available for people who are seeking employment in the United States.
H-1B Visas are for employees in a specialty occupation for a field requiring highly specialized knowledge. This visa may also include fashion models or people who may be involved with the Department of Defense.
L-1A and L-1B Visas are for employees who may work in a large company with locations in different parts of the world. These are considered intra-company transferees when sent to a branch of their company in a different nation.
O-1 and O-2 Visas are for employees who have extraordinary science, the arts, education, business, or athletics and the essential personnel necessary to support them.
R-1 Visas are for religious workers. These people are those seeking religion-related employment in another country.
These are only a few types of visas available. There are rules for hiring employees with work visas in the United States that are different for each visa, but once you know which visa the employee will be using, they are fairly easy to understand.
Work authorization in some form must be present for an employee to have a job within your company in the United States. However, if an employee comes to you without work authorization and wants them for your team, you may be able to help them get the work authorization they need to work for your company legally. The work visas available for foreign nationals traveling to the United States count as a qualifying work authorization to hold a job within our country.
Get a Head Start
If your company is looking to hire people from a different company for a specific position, it will not be a fast turnaround to get them in the country to begin working. Doing a little legwork at the front of the line can help immensely when it comes to the rules for hiring employees with work visas in the United States. There is quite a lot of red tape involved in the process, and your company should be aware that it can take months or even years to get a foreign national approved to work for you.
Department of Labor Certification
One of the steps to take is obtaining a certification from the Department of Labor before you start the process of hiring foreign nationals to work for your company. This certification states that hiring a foreign employee will not affect wages, job availability, or working conditions for United States workers. When it comes to the rules of hiring employees with work visas in the United States, there may also be other certifications required based on the type of immigration program being used.
If you are looking outside of our country to find an employee to fill a spot in your company, the process may seem overwhelming and tedious but can have a huge payoff with benefits in the end. Learning about the process ahead of time can help you manage the process efficiently and even create a shorter timeline to get the visa approved. If the process isn’t making sense to you, there are plenty of available resources that can walk you through step by step to ensure that the rules of hiring employees with work visas in the United States are being followed.
It is critical to get foreign employees an international background screening from an experienced company like Peopletrail who performs extensive global background checks for new hires.