Hiring foreign nationals is complex. If your company hires internationally more than occasionally, setting up a clear corporate immigration program will ensure that hiring continues to support the business’s goals while proceeding in an organized and intentional manner. Creating a clear immigration program management and compliance system also reduces the risk of penalties. A business immigration attorney could help you determine what this program should include and ensure that all of your employee visa applications are submitted correctly.
The specifics of an immigration program will depend on factors like the size of the company, whether there are multiple locations in different countries, and how frequently it hires foreign professionals. Program management could be a small part of one HR professional’s role in a smaller business or an entire department in a larger multinational corporation. Ideally, companies should start to build these programs before making an international hire.
Researching and considering what types of visas its employees may qualify for, what it is looking for in international hires, and what skills are available on the global job market that may be in short supply locally allows for better planning. This includes deciding whether the company is looking to hire employees on short-term visas, like the H-1B, or visas that will lead to permanent residency, like the EB-1. Making these decisions before posting a job can ensure your company gets the best applicants and lower the chance of visa issues later on.
Companies should also create policies for which fees and expenses they will cover. Employers are required to pay some costs, like Labor Condition Application fees, but they can choose to cover additional fees as an employee benefit.
Immigration requirements will depend on the type of visa the employee has or is applying for. Companies often focus on the requirements that come up at the beginning of the process before they need to apply for a visa. For example, Labor Condition Applications (LCA) and Permanent Labor Certifications need to happen before an employee is hired. These are both intended to prevent hiring a foreign professional from having a negative effect on U.S. employees.
However, requirements will continue throughout the foreign national’s employment. For example, the company needs to post an LCA notice in the workplace for at least 10 days, and that information needs to be available upon request within one business day after that.
Because requirements are ongoing and complex, an immigration program should include regular internal audits so the company can catch and correct any compliance issues. The program should also keep detailed records of information like wages, changes to job titles or responsibilities, visa timing and renewal details, and job market assessments.
Setting up a dedicated immigration program management and compliance team or expert will make hiring in a global market much easier for your company. Immigration regulations are complicated and require ongoing documentation and record-keeping. Working with an immigration attorney can help you design an organized program and follow any requirements that apply to your business or team. Klug Law Firm focuses on immigration for businesses, so our lawyers have the knowledge and experience you need. Contact us to discuss your hiring and compliance needs today.
