Legally Hiring Workers from Abroad

One way for a business to succeed in the international market is to have an international workforce. Having workers from abroad allows the company to connect with markets outside of the United States. Hiring workers as independent contractors does not have a lot of requirements.

But the same cannot be said when the business hires workers and brings them into the United States. At this point, they will need the help of an immigration attorney to facilitate the process of getting a visa. Here are some things that businesses should consider when legally hiring workers from a different country.

Plan Carefully

The business should plan the process properly. It should not hire an international employee a week before they need them to report for work in the US. The immigration process takes a long time to complete since the business needs to comply with several requirements so that they can bring a foreign employee into the country.

The process of hiring foreign employees can take months to finish. In some instances, it even takes years before the business can bring the employee into the US. The length of the process depends on the business immigration program that the business is using for hiring the employee. There are several types of employment visas that the business can consider when it hires foreign employees.

The business should also prepare the roles for the employee in the company. They cannot find a random foreign national and hire him to do something in the office. The role should be ready long before they look for the person. They may even find a local who can take up the job.

But if the role requires a foreign national, the business should make sure they pick one who has all the knowledge and skills to excel in the position. The business should also create a strategy to find the best person for the position. This means its human resources department should know where to advertise so that they can find the best candidates for the job.

Consider the Visa Options

The business should also consider the different types of visa programs when hiring a foreigner to perform a job. The visa program depends on the type of employee the business wants to hire. They can aim for temporary worker visas to allow the worker to perform a job in the US.

The business also can make their foreign employees into permanent residents through an employer-sponsored green card. The business can also define the job as a position that is not easy to fill using the talent available in the US. For instance, the position needs someone who is highlight qualified to perform the job due to the extraordinary ability that it requires. These abilities can be in science, arts, or athletics.

One of the more popular visas these days is for healthcare workers, particularly registered nurses. With the pandemic overwhelming some healthcare systems, hospitals and medical institutions recruited foreign nurses to work for them.

Obtain the Necessary Certifications

The business should also get the necessary certifications from the US Department of Labor. These certifications allow the business to start processing the visa for its workers at the US Citizenship and Immigration Services (USCIS).

The certifications show that admitting foreign employees into the US will not affect the job opportunities, working conditions, and wages of workers in the US. The business’s certifications depend on the business immigration program it will use to bring a foreign employee into the US.

Interview the Candidates

Once the business prepared the groundwork, it’s time for its HR department to interview the candidates. They should also focus on the candidate’s skills and experience so that they can find the best one for the positions.

The business should remember that international resumes are different from American resumes. So, it should keep an open mind when its HR personnel goes through the resumes. The business can also set up an online form that candidates can fill in so that it will have a uniform presentation on the qualifications of each candidate.

During the selection process, the business should set aside enough time. Finding a suitable foreign candidate can take up to six times longer than looking for a US-based employee. Bringing the employee to the US also requires a lot of lead time since the candidate needs to collect the necessary documents and clear immigration before entering the country.

Hiring a foreign employee to work in the US takes time. But it may be worth it if the business aims to expand its market internationally.


Sudarsan Chakraborty is a professional writer. He contributes to many high-quality blogs. He loves to write on various topics.