How to Hire Immigrant Workers for Your Small Business

What to know about hiring immigrant workers

The laws and regulations surrounding immigrant workers are ever-changing, and small businesses often don’t have dedicated human resources staff to keep up. If that sounds like your business, consider partnering with a top HR outsourcing service to seek guidance on staying compliant.

Below are some aspects of hiring immigrant workers you’ll need to understand.

Immigrant worker visas

Before an immigrant is eligible for employment in the U.S., they need to secure the proper visa. Permanent residents may receive immigrant visas, commonly referred to as green cards. Workers with green cards face minimal restrictions in terms of where they can work.

Other common types of employment-based visas include EB-1 (priority workers), EB-2 (professionals with advanced degrees or abilities) and EB-3 (skilled workers, professionals and other workers), among others. Each visa type has its own guidelines and restrictions, so it’s essential for each worker to secure the correct one.

Employment eligibility (Form I-9)

U.S. employers are required to verify that each new employee is legally eligible for employment at the time of hire. They are required to keep proof of that eligibility to maintain legal compliance. The document used to prove employment eligibility is Form I-9. On this form, legal workers fall into one of four classes: U.S. citizens, noncitizen nationals, lawful permanent residents or noncitizens authorized to work.

“It is very important that an employer and employee fill out a Form I-9 immediately upon hire,” said Colleen Migl, shareholder and attorney at Quadros, Migl & Crosby. “This also means the employee is presenting the employer with acceptable identification.”

Under the current presidential administration, Migl added, several executive orders and policy changes could negatively impact a candidate’s employment eligibility. That includes changes to which countries fall under Temporary Protected Status, which allows individuals from eligible countries to work and stay in the U.S. if it is unsafe to return to their home country. “Small businesses need to be more vigilant as to whether an employee is still eligible to work, and an employer must be more careful in filling out an I-9 in connection with an employee falling under a Temporary Protected Status designation,” she said

E-Verify

Small businesses must be aware of E-Verify, a federal system designed to confirm whether job applicants are legally seeking work in the U.S. The system is available for employers across the U.S., but individual states determine requirements for its use. As of 2025, only 10 states require E-Verify for all new hires, but others require it for certain positions, such as public contractors and subcontractors. According to Carla Lanes, an immigration attorney at Cole, Scott & Kissane, P.A., there has been a recent strong push for nationwide E-Verify registration.

Mandatory E-Verify at the federal level is currently just a possibility, but the need to validate employment eligibility is more important than ever for small businesses. With the administration’s efforts to investigate illegal immigration, employers with immigrant workers may be at a higher risk of an ICE audit than before. “Expect more I-9 audits, workplace inspections and stricter enforcement, particularly in industries prone to undocumented hiring,” Lanes said.

Consequently, proper management of Form I-9 and E-Verify, where applicable, is critical for businesses of all sizes. Several technology solutions and third-party services are available to help you automate the processes and maintain audit trails.

How to ask new immigrant hires for work authorization proof

Although asking for the proper work authorization when hiring foreign workers may seem tricky, there are verification forms that simplify the process and outline the documents a prospective employee must provide to prove work authorization.

Every new hire, regardless of citizenship or immigration status, must fill out Form I-9 and present one or more acceptable documents that prove their identity and authorization to work. The identity documents are categorized into three lists: 

• List A documents: A U.S. passport or permanent resident card
• List B documents: A driver’s license, school ID card with a photograph or U.S. military card
• List C documents: Consular Report of Birth Abroad or certificate of birth abroad issued by the U.S. State Department

Ask the new hire to present the acceptable documents during the new-employee orientation process. List A documents typically can be accepted on their own, but if the employee does not have one, they will need to present a combination of documents from Lists B and C.

What should you do if a worker doesn’t have authorization?

If the worker you want to hire isn’t authorized to work in the U.S., you may be able to help them get authorization — but be warned that it can be an expensive and lengthy process. To get a foreign worker an employment-based green card, for example, you need to go through several steps, including completing the PERM process and obtaining approval of both the I-140 petition and the I-485 application.

A green card, however, is not the only option for authorizing a foreign worker for legal employment in the U.S. Here are a few other certification options you may want to consider while waiting to sponsor a worker’s green card:

• L-1 visa for intracompany transferees
• R visa for religious workers
• P-1 visa for internationally recognized athletes or entertainers
• O-1 visa for extraordinary workers
• E-1 and E-2 visas for supervisory, executive or specialized knowledge workers
• H-1B, E-3 and TN visas for professional workers
• H-2A and H-2B visas for temporary labor certification for seasonal workers

H-1B sponsorship: benefits and challenges

H-1B visas are an “excellent option for small businesses looking to hire foreign talent,” Lanes said. H-1Bs, open to nonimmigrant workers in a specialty occupation, must be sponsored by the employer. Lanes noted, however, that the H-1B visa category also comes with specific challenges for small businesses to consider.

• Strict quota limits and lottery system: Only 85,000 visas are available each year, with 65,000 under the regular cap and an additional 20,000 for master’s degree–level candidates. Selection is done in part by a lottery system.
• Specialty occupation requirement: A business must prove that the role meets U.S. Citizenship and Immigration Services (USCIS) requirements, requires a specialized degree or education, and cannot be filled by national talent.
• Financial viability and prevailing wage compliance: USCIS will scrutinize your application to determine whether you can afford the required wages.
• Timing constraints: The H-1B is available only once per year, and the initial registration period usually takes place in March. Application processing can take months.

Under the current administration, Lanes added, the H-1B program could see revisions that make it even more competitive. “Stricter eligibility criteria may lead to higher denial rates, more Requests for Evidence (RFEs) and increased wage requirements, making it harder for small businesses to sponsor employees,” she said.

How to find qualified immigrant workers

There are nearly 8 million open jobs as of March 2025, but only 7.1 million unemployed workers to potentially fill them, according to the U.S. Chamber of Commerce. Without sufficient in-house HR resources, many small businesses could face competitive challenges as they seek to fill and validate the eligibility of the candidates applying for their open positions. Tools and services are available, however, to help you find the qualified immigrant job candidates you’re seeking.

Follow this five-step process to get started:

1. Educate yourself.

Education on current regulations and processes related to immigrant workers is a crucial first step. Many states provide resources and training for HR managers. You should also be able to convey the information to any candidates. As Lanes noted, foreign professionals are more likely to accept an offer if the sponsorship policy is clearly communicated.

2. Create a detailed job description.

An accurate job description is critical to finding the best applicant for any role, because it outlines the essential functions, responsibilities and skills for the position. When you create a job description, you get a better idea of the exact type of employee you need to hire. Job descriptions can be especially important for hiring immigrant workers, because some worker visas are eligible only for specific types of work.

3. Post on relevant job sites.

Although you can (and should) post your job openings for immigrant workers on standard job sites such as Indeed, Monster and ZipRecruiter, you should also seek out international job sites that specialize in finding foreign workers. You can find qualified immigrant applicants through Careerjet, CEO Worldwide and USponsorMe, for example. Searching a variety of job boards will give you access to a broader pool of skilled immigrant workers to consider.

4. Interview qualified applicants.

When you find a few qualified applicants, move forward with the job interview process. Keep in mind that your candidates may reside in other countries, so you will likely need to conduct virtual interviews and be mindful of geodiversity issues, such as differing time zones.

5. Hire and onboard the best candidates.

After you interview the qualified candidates, select the best one and go through the employee hiring and onboarding process. Have the new hire complete their I-9 form and present the proper documents to prove their employment eligibility when they are onboarded.

Keep in mind that the process can take time, particularly within the current market and policy landscape. “With the change in administration, small businesses should expect more uncertainty and even longer wait times for processing,” Migl said. “This can pose a large challenge for a small business that needs those employees to come over and start working. It is best to engage with an immigration attorney to ensure everything is complete and accurate upon submission, to avoid further delay, as well as becoming familiar with registration period openings and deadlines.”

Despite the challenges, Lanes added, small businesses should not be discouraged from hiring foreign talent. “Immigration policies evolve over time, and many proposed changes face legal challenges before taking effect,” she said. “By staying informed, adopting strong compliance practices and exploring alternative visa options, small businesses can continue to attract and retain top global talent.”

Danielle Fallon-O’Leary and Jason Fry contributed to the reporting and writing in this article.