Technology companies are one of the main drivers of the American economy. Modern society depends on the innovations generated by U.S. tech companies that have transformed our lives and gained valuable influence worldwide. However, to maintain American tech dominance and continue the pace of innovation, tech companies often find it necessary to look beyond U.S. borders for skilled workers who are some of the best and brightest from their home countries.
If tech companies are unable to find U.S.-based workers to fill all their roles, they must use immigration pathways to bring scientists, engineers, developers, entrepreneurs, and other skilled workers to Silicon Valley, Austin, Atlanta, and other U.S. technology hubs. If this describes your company’s situation, our team of business immigration attorneys could help you put together a plan to meet your recruitment needs.
Shortages of specialized workers can lead to stalled innovation. The number of STEM jobs is projected to increase steadily in the coming years. If U.S.-born workers choose not to pursue employment in these fields, tech companies must look abroad to meet their needs.
Almost a quarter of workers in STEM fields in the U.S. were born in another country, and this number is expected to continue to grow. Some of the most sought-after roles are software developers, computer systems analysts, computer programmers, and web developers. Our attorneys could help your tech company prepare for hiring foreign professionals for these roles.
Depending on the company’s needs, our immigration attorneys can help technology companies recruit new employees or find partners for temporary projects or collaborations in other countries with multiple different visa pathways. Each of these visa types will require an American tech company to sponsor the application.
All technology companies who recruit foreign workers need to be familiar with the H-1B visa, which is one of the most popular visa types for technology workers. The H-1B visa applies to skilled workers relevant to the tech industry, including engineers, software developers, and scientists. With few exceptions, a U.S. employer must sponsor the H-1B visa holder, and the foreign professional may only continue living in the U.S. while they continue to work for that employer.
U.S. immigration law currently caps H-1B visas at 65,000 each year. In certain circumstances, however, an applicant may not count against the cap. If a company needs to hire a skilled worker and the cap has already been reached, an immigration lawyer may be able to find an exception to the cap or use another visa pathway.
The L-1 visa is one of the other pathways available to technology companies who need to bring workers with specialized knowledge to the U.S. Typically, the L-1 visa is used for employees who have already worked for the company for at least one year and need to be temporarily relocated to the U.S. for a defined amount of time, such as to work on a particular project. However, the visa may be valid for up to five years and may even stretch to seven years with all the permitted extensions.
The B-1 visa differs from the other types because it is not actually intended for employees. However, it does permit travel to the U.S. for business-related activities. For example, workers can come to the U.S. to participate in conferences or conventions. They can consult with business associates or go to short-term training sessions. They can also teach or negotiate contracts. On a B-1 visa, an individual can stay in the U.S. for six months per visit, with extensions available. Consequently, even if a tech company cannot use a B-1 visa to hire a foreign employee, it can use this strategy to collaborate more closely with skilled workers who are otherwise ineligible for other visa pathways.
Tech companies know that foreign professionals play a vital role in the growth of their field and the American economy as a whole. Many important employees and even many tech founders would not have been able to bring their skills and find success in the United States without immigration laws. Furthermore, many companies would not have been able to move forward with society-changing tech innovations without help from immigrant skills.
Current policy has left a lot of technology companies with uncertainty about their foreign employees. Now it is more important than ever to have the right strategy in place to ensure your company’s success. If your company needs skilled workers to grow, thrive, and achieve your technology goals, reach out to our immigration lawyers to discuss your options for bringing qualified foreign workers to the U.S.
