Competition within the global talent market has forced U.S. employers to navigate a maze of immigration policies to facilitate the hiring and retention of international workers at every skill level. Familiarity with immigration policies is essential for an employer interested in having a diverse and competent workforce. This guide provides an overview of the current U.S. immigration policies, major visa types that an employer would most likely look at, and some helpful tips to maintain an employer in compliance with immigration regulations.

Overview of Current Immigration Policies and Their Implications for Businesses

US immigration law encompasses different policies to regulate the admission and hiring of foreign nationals. They derive from federal law and, in turn, find leadership through agencies such as U.S. Citizenship and Immigration Services (USCIS) and DOL. Nowadays, immigration issues are at the top of the policy debate agenda; new changes and adjustments have taken place, and all these changes are important for various types of businesses.

These policies are important for employers to understand on a number of fronts: First, the immigration policies dictate the hiring and retention of skilled foreign workers, particularly in such fields as technology, engineering, and healthcare where there is normally an inadequate supply of qualified U.S. workers. Second, these policies will serve as a guideline with respect to the issue of sponsorship by the company for employees for long-term work or permanent residence. Lastly, non-compliance may result in penalties, fines, and reputational harm which can be destructive to any business concern.

Visa Types Key to Employers

To hire international talent, employers have a number of visa options with varying eligibility criteria, duration, and application procedure. Following are some of the commonly used visa types:

H-1B Visa: This is one of the most sought-after visas, which is for specialty occupations involving specialized knowledge in fields such as IT, engineering, and health care. Usually, this visa is issued for three years but may be extended. However, it has an annual cap and hence becomes very competitive.

L-1 Visa: The L-1 visa is for intra-company transfers, enabling multinational companies to transfer employees from offices abroad to offices within the United States. It is categorized into two: L-1A, for executives and managers, and L-1B, for those with specialized knowledge. It is an appropriate choice for companies wishing to extend their operations in the United States.

The O-1 Visa is for those with extraordinary ability in the sciences, arts, education, or business. This class of visa will be more applicable to companies that require highly specialized experts by proving the individual’s exceptional skill and achievement.

EB-1 Visa: This is an employment-based “first preference” visa, meant for individuals with extraordinary ability, outstanding professors, and multinational executives. EB-1 leads to permanent residency and hence is highly preferable to employers seeking a more viable long-term solution.

E-2 Visa: The E-2 visa is available to treaty country investors who are investing a substantial amount in a U.S. business. Although the visa itself does not provide a pathway to obtaining a green card, it can be an excellent flexible option for entrepreneurs and business owners alike.

Tips for Maintaining Immigration Compliance

Immigration compliance is an important method of mitigation against legal problems and harm to your brand. Here are some key tips for maintaining compliance:

Keep pace with policy changes: Immigration policies are updated frequently-whether due to new legislation or executive action. Subscribe to the most up-to-date news from the USCIS or consult with immigration experts.

Fill out complete and accurate documentation: This is regarding ensuring that all the documentation of the employees, including Form I-9, is complete and accurate. Routine audits can bring into light problems well in advance and prevent greater problems later on.

Engaging Immigration Lawyers/Experts: The immigration lawyer will take the company through complex visa application and compliance, besides assisting in preparation of documents, legal representation in courts, and other compliance matters.

Immigration Compliance Program: An internal training program, occasional audits, and consistent procedures are to be instituted in handling immigration compliance. The process should outline how to employ foreign workers, the record-keeping procedure, and what steps to follow when a compliance issue arises.

Knowing your immigration policies inside and out, taking proactive compliance steps, are the number one ways for United States businesses to effectively utilize global talent. If your company can stay informed and prepared, it can overcome many complexities and make sure that full potential is harnessed with an international workforce.

Are you a talent with global skills or you want to position to be able to get global jobs, please consult Global OS for more information on how to take advantage of these options to be a global worker.

Article written by Global OS Team.