Emerald Technology Nov 7, 2022 3:19:19 PM 4 min read

The ultimate guide to hiring foreign nationals in The United States

The US has always been a land of opportunity for foreign nationals looking to start a new life. In recent years, however, the process of obtaining a work visa and hiring foreign nationals has become increasingly complicated. As a result, many companies are hesitant to hire foreign workers.

However, there are still many advantages to doing so. In this guide, we’ll discuss the pros and cons of hiring foreign workers, the visas needed to work in the US and the laws governing hiring in the US.

Employing foreign nationals in The United States

The process of hiring foreign workers in the US has become increasingly complicated in recent years. There are a number of visas that allow foreign nationals to work in the US, each with its own set of requirements.

The most common visa for foreign workers is the H-1B visa, which allows businesses to temporarily hire foreign workers in speciality occupations. The U.S Citizenship and Immigration Services (USCIS) limit the number of H-1B visas issued each year. This visa is valid for 3 years and can be renewed once for an additional 3 years. To obtain an H-1B visa, businesses must first file a Labor Condition Application (LCA) with the Department of Labor. The LCA is used to certify that the wages and working conditions of H-1B workers will not be adversely affected by the hiring of foreign workers.

Once the LCA is approved, businesses can then file an I-129 Petition for a Non-immigrant Work with US citizenship and Immigration Services. The petition must include evidence that the foreign worker is qualified for the position and that the position is a speciality occupation.

If the petition is approved, the foreign worker will be issued an H-1B visa, which will allow them to work in the US for up to six years,

There are a number of other visas that allow foreign nationals to work in the US, including the E-3 visa for Australian citizens, the L-1 visa for intracompany transferees and the TN visa for Canadian and Mexican citizens.

Employers must also be aware of hiring laws in the US. The immigration and Nationality Act (INA) prohibits employers from discrimination against U.S citizens and lawful permanent residents in favor of foreign workers.

The INA also requires employers to verify that all employees, regardless of nationality, are authorized to work in the US.

The laws governing the hiring in the US are complex and ever-changing. Employers must be aware of both federal and state laws when hiring foreign workers.

At the federal level, the Immigration and Nationality Act (INA) sets forth the basic rules for hiring foreign workers. The INA requires employers to verify that all employees, regardless of citizenship status, are authorised to work in the US.

 

Why you should hire foreign nationals

Foreign workers can bring a wealth of experience and skills and experiences to your company. They help you tap into new markets as the first on the ground in a new location and expand your customer base.

Additionally, foreign workers often accept lower wages than their American counterparts.

However, there are also a number of challenges associated with hiring foreign workers.

The process can be time-consuming and expensive, particularly if you need to obtain work visas for your employees. Additionally language barriers can make communication difficult and cultural differences can lead to misunderstanding.

Want to start hiring your workers in The United States? Don't go at it alone, engage with Emerald Technology as your Global Partner to start growing your remote team now. 

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