Introduction
Recruiting staff from overseas to fill vacancies in your business can be a stressful process in a competitive labor market. Our guide provides advice on simplifying the recruitment process and bringing in the best staff from overseas, as well as ensuring compliance with changing visa requirements and employment legislation, and promoting diversity in the workplace.
Understand Legal Requirements for Hiring Foreign Workers
Immigration through employment for foreign workers is another area which would intuitively seem to be easily learned to hire foreign workers, however there are many complex details involved in the legal framework for hiring foreign workers for employment-based immigration.
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Labor Certification: In order to obtain employment-based immigration for foreign workers, employers must first obtain a labor certification from the U.S. Department of Labor for each foreign worker that they wish to hire. In obtaining labor certification for foreign workers, employers must show that there are no qualified U.S. applicants for the job at issue and that hiring the foreign worker will not adversely affect the wages and working conditions of other employees of the employer engaged in analogous work in the U.S.
- Task: Complete ETA Form 9089, Application for Permanent Employment Certification, through the Foreign Labor Application Gateway (FLAG) at www.flagonline.dol.gov.
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Visa Requirements: Your foreign worker’s specific job and the qualifications they have obtained will determine what type of employment visa is required to enter the country to begin work. Most work-related visas fall into one of four categories: H-1B, L-1, O-1, or other related visa categories with their own sets of eligibility requirements and approval processes.
- Task: Identify the correct visa category for your employee and fulfill the required steps.
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You should also familiarize yourself with many of the same employment laws that you would apply to U.S. employees in your foreign workers. These can be federal in nature and also the laws of the particular states in which you do business, and cover issues such as wages, workers’ compensation, workplace safety and more. You will also need to ensure that your company’s rules and policies relating to employment are also suitable for foreign workers.
- Task: Check the required employment laws for foreign workers for the federal government as well as the individual states and adjust the employment contract as well as the company’s rules accordingly.
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Record Keeping: Establish a proper system to collect all documents pertaining to job postings and work applications as well as all correspondence with applicants for foreign worker employment. These should be organized and easily retrievable for any audit.
- Procedure: Record keeping for all documents related to the job posting, applications, correspondence with candidates etc. in order to be prepared for possible audits.
Implement Effective Recruitment Strategies for Foreign Workers
Talent Attraction in a Competitive Job Market is Tough! When trying to recruit foreign workers to fill jobs at your company, there are steps you can take to recruit the right talent.
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Define Job Requirements Clearly: Clearly define the work that needs to be done to fill jobs that need to be filled by foreign workers and then advertise the jobs so that the best applicants for the work of the position will apply for the jobs.
- Task: When writing job advertisements to fill positions, use the most precise language possible and include a complete list of the required qualifications of the person you are looking for to ensure that you are attracting only qualified applicants to complete the required work of that position.
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Post Job Openings on Global Job Boards and Connect with Networks: Employers looking to recruit foreign workers can also leverage their job openings by posting them to global job boards and connecting with their networks of contacts in various countries.
- Task: Go to platforms like LinkedIn, Indeed and more global job boards to spread the word to the largest possible audience of potential candidates abroad.
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Utilize recruitment agencies who specialize in the foreign worker recruitment process to take advantage of their extensive knowledge and recruitment networks.
- Action Step: Identify recruitment agencies specializing in foreign worker recruitment and research to see if they are able to deliver results for you.
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Promote Your Company’s Culture: Potential employees need to know about your company culture and be impressed with your organization’s values, benefits, etc. Give current employees the opportunity to promote your organization to potential workers. Create content and materials which highlight your workplace culture and share employee experiences.
- Action Step: Create engaging content and materials that reflect your organization’s culture and environment and highlight your employees’ experiences and testimonials.
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Create a Clear Interview Process: It is very important to have a fair interview process to assess candidates and determine whether they will be a good fit for your organization for the first month of employment, as 70% of new employees make this determination within the first month of employment. Train the hiring managers who conduct interviews on the cultural differences and use effective interviewing methods to select the best foreign worker for the job.
- Action Step: Train hiring managers on how to handle cultural differences in the interview process, and implement effective interviewing techniques to help select the right foreign worker for the position.
Again, the competitive job vacancy rate for skilled jobs in North Carolina as well as predicted skill shortages to impact business transformation for 63% of employers in the state provide additional ways to reach out to skilled foreign workers and ensure that job postings are optimized in order to attract top talent. The fact that 89% of active and passive job seekers now consider their mobile devices at all times to search for and apply to jobs also means that all job postings must be optimized for mobile devices.
Obtain Necessary Work Visas and Permits
Securing work visas for foreign employees can be a very complicated process and should not be attempted by anyone who does not have full understanding of how to hire foreign workers. Below are the steps that can assist an employer through the process to secure work visas for foreign employees that he/she wishes to employ at his/her company.
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File Labor Condition Application (LCA) with Department of Labor (DOL): The work visa application process for foreign employees to work in the United States for their employer starts with the filing of a Labor Condition Application (LCA) with the Department of Labor (DOL). The LCA will establish whether the wages paid by the future employer of the foreign national as well as the working terms and conditions of work for such foreign national will be as favorable as those of other similarly occupied employees (domestic) of the future employer in similar positions at other locations within the United States. The DOL approves the LCA filed by the future employer of a foreign national if the future employer complies with the terms and conditions of the LCA.
- Action Item: Complete required DOL forms to ensure that the terms and conditions of foreign workers will be as favorable as those of U.S. workers from more than a few different countries performing work of comparable work for future employer at same location. The completion of these forms will also reveal whether or not employers are paying adequate wages to protect the wage interests of U.S. workers as well as foreign workers who are soon to be hired by same employer.
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File Form I-129, Petition for a Nonimmigrant Worker: Here you have to select the appropriate category of work visas for foreign workers that your company wants to employ and then file Form I-129, Petition for a Nonimmigrant Worker with USCIS to approve your company’s petition for work visas for foreign workers.
- Task: Gather documents required to support an I-129 petition (e.g. approved LCA(s), offer letter, employee qualifications).
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The Visa Application Process: After approval of the work visa petition by USCIS, the foreign worker applies for a visa at a U.S. consulate or embassy in his or her home country. The foreign worker must enter the U.S. with this approved visa and begin his or her employment with the future employer within a time period established by the terms of the approved visa.
- Task: Assist your foreign national employee with gathering necessary documents for their visa interview and review the general process of the interview.
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Monitoring Compliance with Conditions of Work Visa Issued: Ensure you understand the terms and conditions of work for your newly hired foreign worker. A summary of the major terms and conditions of work for foreign employees who have been issued a work visa by the U.S. is set out above. Both you and your newly hired foreign worker must comply with the major terms and conditions of work listed above. Monitor both yourself and your newly hired foreign worker to ensure that both are meeting their respective obligations under the above terms and conditions of work. If any problems arise with either party, then address those problems as soon as is possible.
- Action Step: Monitor both yourself and your employee(s) to ensure that all of the conditions listed above are being adhered to and communicate any problems that may arise in a timely manner.
Changes to labor condition applications (LCAs) for work permits in North Carolina and Florida have gone into effect this year. A record number of LCAs for work permits were submitted to the Department of Labor. Furthermore, a record number of work permit renewal applications have to wait for more than six months for processing of these applications after the new rule went into effect. We are monitoring these developments to efficiently guide our clients through the process of hiring foreign workers and to protect their interests. Moreover, we have to keep an eye on the recently proposed rule changes regarding work permits for asylum applicants.
Onboard and Integrate Foreign Workers Effectively
While some employers may be eager to bring in foreign workers to fill roles at their company, others may be hesitant to bring in workers from abroad. Either way, the onboarding process for foreign hiring can be an important part of making sure that your new employees feel welcome and supported as they acclimate to life outside of work.
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Prepare Information Before Employees Arrive: To help employees relocate abroad, to live outside of work, to find houses, to get used to foreign ways of life and to start work in their new jobs as soon as possible, it is essential to prepare employees with information regarding their foreign relocation before they arrive at work.
- Task: Create the welcome packet with information about their relocation including resources and local contacts for items such as health care and community services.
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Make the First Day Memorable: Make the first day of work special for your foreign hire and make a warm first impression. Introduce the new hire to his/her co-workers.
- Action Step: Find someone to be a mentor or workplace companion for them to aid in their transition to the work environment within the first three weeks of joining the organization.
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Cultural Training: The foreign employee and employees from the home country of the foreign hiring entity should attend training sessions together.
- Task: Have foreign employees and current employees attend a series of workshops, in order to gain understanding of respective cultures and to foster effective communication with each other.
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Regular Check-Ins: Have regular meetings with employees to go over their experience with their integration into the organization and work, to discuss any questions and to review their work and give them feedback from management.
- Action Step: Review with the new hire their experience of being integrated into the organization and note any problems that need to be dealt with during the check-in with them.
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Support Social Interaction: Support the integration of foreign employees to the team by supporting activities in order to make them part of the company. The activities should enable interaction between foreign employees and other employees in the company during work hours and outside of work hours.
- Action Step: Arrange for the foreign employee to participate in casual interactions where they can connect with their colleagues from other departments both during work hours and outside of work hours.
As the company brings on new employees to the workplace, effective onboarding not only ensures their fast and efficient integration into the team, but also shapes and creates the workplace culture as a whole. According to the research conducted by human resources experts, 23% of workers who were assigned a ‘buddy’ reported high level of satisfaction at the end of the first week. By the end of the 90th day, this number surged dramatically to 36%. Furthermore, it is reported that it takes new hires on average between 6-7 months to master all aspects of their new job and become fully immersed in the work environment of their new company. So, implement these steps to ensure that your workplace is a diverse and thriving community.
Conclusion
Remember that foreign workers make up a large portion of a diverse workforce; but there is more to building a very diverse and innovative workforce than just hiring people from around the world. In addition to understanding the legal requirements for hiring foreign workers, you must create a work environment where newly hired employees feel valued and wanted.
Additionally, there are a few key takeaways to remember about labor certification and visa requirements in addition to how your company can portray your culture in a job posting and how you can clearly define a job so you get the right candidate for your team. By hiring foreign workers to help with skill shortages in the workplace, your company can help to create a culture and innovate in order to help grow your company in the future.
Addressing skill shortages in your workforce while creating a richer and more innovative work culture among your employees can be accomplished by correctly hiring foreign workers and adhering to the necessary laws. At Vasquez Law Firm, we can help you hire foreign workers and make sure that your hiring process is being completed in the most compliant and efficient manner.
Frequently Asked Questions
What is the first step in hiring foreign workers for employment-based immigration?
The first step is to obtain a labor certification from the U.S. Department of Labor for each foreign worker you wish to hire. Employers must demonstrate that there are no qualified U.S. applicants for the job and that hiring the foreign worker will not adversely affect the wages and working conditions of other employees.
What form must employers complete to obtain labor certification?
Employers must complete the ETA Form 9089, Application for Permanent Employment Certification, through the Foreign Labor Application Gateway (FLAG) at www.flagonline.dol.gov.
How do I determine the appropriate visa for a foreign worker?
The specific job and qualifications of the foreign worker will determine the type of employment visa required. Most work-related visas fall into categories such as H-1B, L-1, O-1, or other related visa categories, each with its own eligibility requirements and approval processes.
What employment laws should employers be aware of when hiring foreign workers?
Employers should familiarize themselves with federal employment laws as well as the laws of the states where they do business. These laws cover issues such as wages, workers’ compensation, and workplace safety, and employers must ensure their company’s rules and policies are suitable for foreign workers.
What is necessary for proper record keeping when hiring foreign workers?
Employers should establish a system to collect and organize all documents related to job postings, work applications, and correspondence with applicants. This documentation should be easily retrievable for any potential audits.
List of Sources
- Understand Legal Requirements for Hiring Foreign Workers
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- Implement Effective Recruitment Strategies for Foreign Workers
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- Obtain Necessary Work Visas and Permits
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- Onboard and Integrate Foreign Workers Effectively
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