Here, we often receive calls from USA employers interested in hiring foreign workers. However, often times, USA employers do not know what hiring a foreign worker entails, whether it’s asking about what sponsoring means, what documents are required, how long the process takes, whether a certain salary needs to be paid to the foreign worker, how much it’s going to cost for them, etc. We want to share general information that will help guide USA employers to successfully hire foreign workers.

First, it’s important to consider that there are different work visas for different types of employment. This includes visas such as the TN Work Visa, H-1B Work Visa, L-1 Work Visa, H-2A Work Visa, H-2B Work Visa, and others. The type of work visa that applies to the foreign worker and employment will dictate the specific requirements and process for the USA Employer and foreign worker.

When hiring a foreign worker, the USA Employer must screen whether the foreign worker has any disqualifying matters. Among many, disqualifying matter include having overstayed their allowed status in the United States, having previously worked in the United States without proper authorization, having a pending case before the Executive Office for Immigration Review (immigration court), and/or having a ban from entering the United States.

After screening the foreign worker, the USA employer must consider that all work visas require the USA Employer to submit an application to either the Department of Homeland Security or the Department of State, sometimes both. These applications specify what the foreign worker’s job title, job duties and responsibilities, and job location are going to be. The processing time of these applications varies on the type of work visa, what department is working on the application, and other factors.

Also, it is important to know that some work visas such as the H-1B and H-2A/B Work Visas require additional work from the USA Employer, such as submitting a Labor Certification application, registering the foreign worker for a lottery, and agreeing to pay the foreign worker a certain salary. Additionally, USA employers can only sponsor some of these work visas at a certain time of the year.

Do you want to learn more about hiring a foreign worker, call our office at (915) 314-2363 to schedule a consultation today!