If you want to remain competitive in your industry, you need to have the right talent on your team. Whether you’re having difficulty sourcing talent locally or simply want to widen your hiring scope, there are several advantages to partnering with H-1B visa candidates who require employment sponsorship in the U.S.
Keep reading for H-1B candidate advantages, criteria, and how to begin this process yourself if you think it would be advantageous to your business and its staffing needs.
There are several advantages to hiring H-1B visa candidates:
Expands your hiring pool exposing you to new persons and skill sets that may not be available locally
Increases diversity amongst your team which leads to greater innovation and collaboration
Can preclude your company’s expansion into other parts of the world
However, not everyone is eligible for an H-1B visa. There is a cap on the number of new H-1B visas granted annually, which can sometimes result in long waiting periods. Due to the cap, an H-1B Electronic Registration process (i.e. lottery) is conducted during the first few weeks of March with the results announced at the end of March.
Additionally, all H-1B visa scenarios must meet the following criteria:
The role being filled requires unique skills and knowledge
The candidate has at least a U.S. bachelor’s degree or the equivalent
You, as the employer, have the intent and ability to compensate the candidate in accordance with their qualifications and government regulations
To expand on that last point, all H-1B visa candidates require a sponsoring employer.
This employer has the following obligations to their H-1B visa candidate:
Serve as their sponsor on Form I-129 (Petition for a Nonimmigrant Worker) with the US Citizenship and Immigration Services (USCIS) – must convey the relationship between sponsor and applicant as well as confirm the validity of the job opportunity
Obtain a certified labor condition application from the US Department of Labor (DOL) through submitting Form ETA9035E Labor Condition Application (LCA) – outlines obligations of the employer in terms of the candidate’s employment
Post two notices of filing the LCA at any and all sites where the employee will work
Must notify all relevant government agencies if there are any material changes in the employer’s relationship with and / or termination of the H-1B employee
Cover H-1B worker’s transport back home if employment relationships ends
While the time and cost of sponsorship varies, it’s important to plan ahead and know the deadlines. We recommend engaging a trusted immigration attorney as early as January to prepare for the H-1B Electronic Registration process (i.e. lottery) in March and, if selected in the lottery at the end of March, submitting all H-1B application materials starting April 1 if filing for the next fiscal year.
There is a deadline for filing so we encourage you to begin the filing process at the end of this year or January for the next fiscal year.
We understand that there’s a lot of confusing information and pressing deadlines here so if you need any assistance with the process of filing for and hiring H-1B visa employees, Premier HR is here to help.
We partner with a trusted business immigration attorney Matthew Myers with Myers Immigration Law who focuses on immigration processes for small to medium-sized businesses. We also assist businesses with the administrative HR paperwork needed in the H-1B visa process. Matthew and his team are offering a free consultation to all businesses partnering with Premier HR Solutions in the H-1B visa process. To learn more about or take advantage of this special offer, please contact our HR Advisor and Recruiter Annie Garcia at the link below.