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Charles Dervarics

Guide to Properly Hiring Foreign Labor

Immigration laws are tough but open for businesses with special needs

By Charles Dervarics, Writer/Editor

It's a fact: Despite the national debate over immigration, your business can properly hire foreign labor under certain criteria. Foreigners with special skills have the best chance to get hired, but the door also is open to others as well. You'll need government certification to get a visa for a foreign worker, and your first task is to master the various visa categories that apply to foreign labor. The issue is complex so you'll need a three-part strategy to deal with potential problem areas:
  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.

Tips & Tactics
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.

The official source of Properly Hiring Foreign Labor is
the Immigration Law page at Business.com

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Best Sites to Learn More

U.S. Department of Labor: Hiring Foreign Workers
Site which describes how to hire foreign workers legally. Includes links to other DOL sites and laws and regulations governing hiring foreign workers.

U.S. Citizenship and Information Services
Educates the United States business community on employment, business, investment, training, and employer education-related immigration issues.

Office of Special Counsel for Immigration Related Unfair Employment Practices
Responsible for enforcing the anti-discrimination provisions of the Immigration and Nationality Act (INA), which protect U.S. citizens and legal immigrants from employment discrimination.

Social Security: Employer Responsibilities when hiring foreign workers
This fact sheet addresses employer responsibilities when hiring foreign workers who have applied for and are waiting to receive a Social Security number and card.

U>S. Equal Employment Opportunity Commission: National Origin
Site that describes the laws related to discrimination because of national origin. Includes links to laws and questions and answers for small employers.

BLR Business & Legal Reports: Aliens and Immigration
Site which provides news articles related to work visas.

Best Blogs and Forums

About.com: Immigration Issues Working Visas
Discussion Forum about issues surrounding foreign worker Visas.

Working Immigrants
A weblog about the business of immigrant work: employment, compensation, legal protections, education, mobility, and public policy.

Immigration Prof Blog
Blog about immigration including guest worker program.



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