Navigating Immigration: How to Hire Current Visa Holders
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
- 5. Concerns Unpredictability in Decision Making Termination of Some Work Authorization Programs (H-4, DACA) Increased Processing Times Increased Visa Scrutiny
- 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)