U.S. businesses are consistently faced with the challenge of finding qualified candidates to fill highly skilled positions. The demand for the best talent continues to be fierce and many employers are turning to foreign talent already in the U.S. on a visa. Join Immigration Attorney, Jason Finkelman, for a discussion on how U.S. businesses can find success navigating the immigration system to hire foreign employees who are already in the U.S. with a visa or in the green card process.
Learn when employers can hire existing visa holders, when these candidates are able to change jobs, steps involved for employers and visa holders alike, and the timeline for processing and approving the transfer of employment. This session is advanced and is geared towards human resources leaders, recruiters, and business leaders who oversee and/or are involved in the hiring process.
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Navigating Immigration: How to Hire Current Visa Holders
1. Jason Finkelman, Immigration Attorney
jason@finkelmanlaw.com
www.FinkelmanLaw.com
@FinkelmanLaw
Navigating Immigration:
Hiring Current Visa Holders
1
2. Global Talent Landscape
48% of U.S. Employers Report Difficulty Filling Jobs
For 5th Consecutive Year, Skilled Trade Positions Are
The Hardest Jobs to Fill
63% of Employers Say Sourcing Foreign National
Employees is Extremely or Very Important to Their
Talent Acquisition Strategy
Employers Utilizing Immigration as a Talent
Management Tool
3. Foreign Professionals on H-1B Visas
H-1B Visa Portability
60-Day “Grace Period” of Unemployment
Visa Extensions Beyond 6 Years
4. Other Employment-Authorized Foreign Nationals
12 Months
Work
Authorization
for Student
Graduates
DACA
Beneficiaries
with EAD
Extraordinary
ability in the
arts, science,
business, etc.
Mexican &
Canadian
professionals in
limited occupations
Spouses of L, E, J
visa holders
OPT DACA O-1 TN
Spousal
EAD
6. Employment-Based Green Card Phases
USCIS now requires an in-person interview for employment-based ‘Green Cards’
Employer
recruitment for U.S.
worker
PERM
DOL certifies no
U.S. workers
Labor
Certificatio
n
Employer files
Immigrant Petition
I-140
DOS notifies of
‘Green Card’
availability
Visa Bulletin
Wait
Employee files for
‘Green Card’
Green Card
Employment-Based Green Card Interview
7. Hiring Candidates Already in the Green Card
Process
New Employer May Use An Employee’s
“Priority Date” From Prior Sponsorship1
2
3
New Employer May Be Eligible to Bypass
Labor Certification if Employee is in
‘Adjustment of Status’ Phase
H-1B Extensions Vs. EAD Cards
8. Have An Immigration Question?
www.finkelmanlaw.com
@FinkelmanLaw
facebook.com/FinkelmanLaw
jason@finkelmanlaw.com
Finkelman Immigration Law Firm
Editor's Notes
Buy American, Hire American - Trump directed USCIS and DOS to use thier power to transform how they adjudicate U.S. immigration benefits.
Increased Scrutiny
RFE increase
Extension visas – no deference
In person interview requirements for 485
Computer Programmers - no longer presumption of bachelor’s degree for H1B specialty occupation
Extreme Vetting of visa applications – stricter screening requirements (including social media)