Guide to Properly Hiring Foreign Labor

Immigration laws are tough but open for businesses with special needs

By Charles Dervarics, Writer/Editor

1. Assess your labor needs, particularly for skilled or hard-to-fill positions.
2. Learn about applicable federal rules – and paperwork requirements – that cover your request.
3. Work with your potential employee to navigate the U.S. labor and immigration system.

Action Steps
The best contacts and resources to help you get it done

Identify special skill needs

The federal government has H-1B temporary visas available for professionals in a 'specialty occupation' who generally must have at least a bachelor's degree and special knowledge in science, technology, medicine or other areas.

I recommend: Get the rules on H-1B visas then get Form ETA 9035E to apply to the U.S. Department of Labor. If approved, file a petition with U.S. Citizenship and Immigration Services for one of 65,000 available visas.

Don't forget temps

The federal government offers H-2B visas for employers who need to fill a specific, documented worker shortage for up to one year. These workers could help with seasonal or peak load work.

I recommend: Get the rules on H-2B visas then get Form ETA 750 and file it at least 60 days before you need government certification for a visa. The Immigration Service also must approve these requests.

Fill unique vacancies

Involved in agriculture or health care?Special foreign worker programs may help you fill a need.

I recommend: Seek H-2A visa certification to hire a seasonal agricultural worker or H-1C visa certification to hire a foreign nurse in an area with a shortage of health care workers.

Go long term

Want to extend a work visa? The federal government accepts applications for a foreign specialist to remain in the United States permanently, particularly in occupations with a documented U.S. worker shortage.

I recommend: See the steps toward permanent labor certification.

Contact an expert

Immigration law is complex, and some foreign workers may have some advantages based on their country of origin as well as their skill set.

I recommend: Contact an immigration attorney, or visit VisaPro for online access to legal advice, forms and guidance.

Helpful advice for making the most of this Guide

• •  A single H-1B visa lasts three years, although renewals are possible under certain conditions.
• •  For H-1B visas, expect to pay a $190 petition filing fee and a data collection fee of at least $750.
• •  You must pay foreign labor at or above your region's prevailing wage – or average pay – for the specified occupation.