There are complexities to recruiting foreign talent in the United States; since there are many options for you to team up with qualified employees, there are things you run into when trying to relocate current employees from other countries.
Before hiring foreign employees in the United States, companies must consider various issues, such as the cost and time of dedication, documentation, procedures, and visa types.
Cost and time
While the fees charged by US government agencies are not excessively high, there are other costs to consider that can add up quickly. The time spent, professional fees charged for proper documentation, and presentations and translations that can cost the company money. To hire a foreign employee, a US company will need to sponsor the visa, and (in most cases) it’s necessary to demonstrate the company invests in its current operations. There is also a risk of rejection when applying for any type of visa. Investing time and money when the application is rejected, and having to start all over again; it’s inconvenient and creates unplanned expenses. The process of moving an employee to the United States can take weeks or months, depending on the circumstances.
Documentation
Gathering the right information to apply for a visa can be challenging. All information must be presented in detail. For example, the services provided by the company, the financial statements, the number of employees, the role the foreign employee will have, and the reason why the individual is suitable to obtain a visa, among other aspects. The process usually results in a request for additional information, and if that information still does not meet the requirements for approval, a notification will be sent rejecting the visa. All documentation must be translated into the English language. This includes employee resumes, company descriptions, corporate documents, etc. The packages sent can contain more than 300 pages of documentation.
Types of visas
There are four main categories of work visas (L, E, H, and P) that can be issued to foreign nationals seeking temporary employment in the United States. Visas are divided into subcategories based on different types of jobs.
Citizenship
Obtaining a US work visa does not mean the employee will eventually become a US citizen. Certain visas explicitly establish that the individual cannot attempt to reside permanently in the United States, and must even demonstrate that her stay is temporary. The process to become a citizen requires, first, an adjustment of status to obtain a Green Card, through a long process with several requirements and much paperwork to complete. Based on the nationality of the foreign worker, the process and adjustment of status can be delayed for years while the individual waits for a visa to become available.
Gomez Law has specialists in these areas and can offer the advice that companies need for these types of procedures and processes. Contact us today for a consultation on these matters!
