Employing foreign workers on work visas is common practice in the US companies. It makes businesses access an international talent pool to stay competitive, creative and well-resourced despite the labour shortage. But work visa compliance is not that easy or fast. It is the role of HR professionals to make sure the company meets all the immigration requirements in the recruitment of foreign employees. We’ll be looking at some simple tips HR experts can implement to stay on top of work visa compliance and hire foreigners smoothly in this post.
Essential Tips
1. Be Aware Of Immigration Policy
The U.S. immigration system and policies change all the time, so you need HR professionals to be up to speed. Follow-up on government websites, such as the United States. This link is from Citizenship and Immigration Services (USCIS), but a good place to begin. What’s more, you can subscribe to immigration newsletters, webinars and meet with immigration experts to stay on top of any changes that may affect your work visa applications. Be informed so your business doesn’t face compliance issues and work visas are not delayed.
2. Learn about Work Visa Types and Eligibility Criteria?
The most important things to know as an HR person is what types of work visas you have and what the eligibility criteria for each. The US has different visa types like H-1B, L-1, O-1 and more with different requirements like school, experience, job skills etc that need to be met to qualify. If you are well-acquainted with these requirements, then you will be able to identify potential applicants and make sure they are applying for the right visa type. This saves time and maximises the chances of an application.
3. Be Quick In Applying for Visa
The number one advice on work visa compliance is: be prepared. Some categories of visas take a very long time due to the backlog in USCIS application processing right now. Applying early will also give you time to plan, manage expectations, complete all the paperwork, and don’t have to rush at the last minute. Also, you can provide accurate timelines to the applicants and make sure that all internal stakeholders (hiring managers, department heads) are in agreement with the process. If you start early, you will make the transition easy for foreign workers and save them time and hassle.
4. Work with Experienced Immigration Attorneys
Work visa applications are also complicated and minor inaccuracies in the forms can be the difference between a lengthy delay or rejection. That is why you want experienced immigration attorneys who are experts in employment-based immigration. Immigration lawyers can walk you through the application process, get your paperwork correct and answer all of your queries.
They can also help with tricky cases such as a visa extension or status modification. Working with an immigration lawyer can cut down on the chances of making mistakes and make the visa application much more efficient.
5. Keep Accurate and Organized Records
Most important when dealing with work visa compliance is having proper and well-maintained records. The work visa application process has a variety of stages and documents such as labor condition application, job application, employer attestations etc. Keep track of deadlines, keep records of communications, and copies of all pending files. Not only will it make you compliant with USCIS but it also lets you quickly respond to any government agency requests for information or follow-ups. Having a formal record-keeping process, it’s also easier to inform applicants when their visa applications have been received.
6. Communicate Clearly with All Stakeholders
Work visa compliance isn’t a solo enterprise – you have to work in a team. An open communication channel between HR, the hiring managers, the lawyers and employees themselves is key. Make sure all parties at the hiring phase know the visa timelines, processes and what to expect. This will provide transparency and updates regularly on the application status so that everyone doesn’t get confused or frustrated. For non-US workers, if communication is open, they’ll know what has changed or additional steps they need to take.
7. Stay Prepared for Possible Audits or Inspections.
Employers with work visas hire foreign workers and are periodically audited or inspected by government departments such as USCIS or the Department of Labor (DOL). These audits make sure companies are putting all steps in place, such as remuneration at the right rates or maintaining the right working conditions. If you maintain good records and keep your visa applications current and complete from the start, then you’re less likely to encounter a mishap during these checks.
Documentation of work permits is a very sensitive yet a crucial challenge that ought to be addressed in the United States by the human resource management experts. Hire international talent to your business and avoid immigration pitfalls by learning about the changes to the immigration laws, visa and business needs in advance. Employing the services of immigration lawyers, record keeping and good communication within your organization entity will however enhance the process and lessen on any possible risks.
