Overview
All companies face challenges in locating and hiring the right talent. For start-up and small companies, securing employees with needed skills is vital for growth, profitability, and even survival. In a competitive market, business prospects are uncompromising in their expectations and requirements. Thus, companies at all stages of development must be able access the entire available talent pool, including global talent. For many, this will mean utilization of the H-1B program, for temporary professional workers. First time filers need to start planning for this option by the end of the calendar year, in order to meet an April deadline which applies to many of these cases.
When attempting to fill positions, particularly IT and tech-related positions, it is almost inevitable that growing companies will be faced with immigration-related hiring challenges. Typically, the experience involves an inability to fill a position with a US worker or encountering attractive candidates requiring immigration sponsorship to work.
For the inexperienced, immigration requirements, procedures, and terminology seem daunting. But even small companies should not set aside this option, given the depth of talent it could hold. The first step is to seek reliable guidance. We can provide this guidance even at the earliest stages, when a company is first trying to determine whether they can hire a candidate. We can engage in planning to help facilitate future hiring options, based upon our knowledge of cycles and deadlines which apply to commonly utilized immigration categories.
There are costs associated with acquiring global talent. Small companies are often particularly cost-conscious, as they contend with limited resources and cash flow considerations. However, there are also costs associated with recruitment, and—even more importantly—costs and losses tied to turning away the right candidate for the job. Employers simply need to recognize and weigh the value of bringing needed skills to the company vs the costs associated with strategic hiring of global talent. In addition, foreign employees typically bring a different work ethic and skill set to the job that can benefit the employer in many ways.
Employers who are contemplating an immigration program must set realistic budgets and understand basic options and time frames. They should understand which costs they are required to bear, and which can be shared with the prospective employee. As with most endeavors, planning can help with cost control.
A starting point in this process is to understand two of the most common immigration categories which an employer may encounter when hiring professionals.
- F-1 (students): Foreign students are typically eligible for a period of employment known as Optional Practical Training (OPT) upon completion of their degrees. OPT is initially granted for a 12-month period. Thereafter, certain students with degrees in designated Science, Technology, Engineering and Math (STEM) are eligible for extensions of 24 additional months. Students acquire 12-month OPT without sponsorship. Additional requirements apply to the 24-month OPT extension, including employer involvement. However, with planning, most employers find that it is worth the effort. This can also be a good way for companies to grow and to test out employees before committing to longer visa sponsorships.
- H-1B (specialized knowledge professionals): The H-1B category is for temporary professional workers. This category is appropriate for degreed (or degree equivalent) professionals working in positions which require a specific degree (or narrow range of degrees.) This category is common for IT professionals, engineers, business analysts, researchers, scientists, physicians, and other professionals. Employers must be aware of one key challenge of this category. This is the annual limit to the number of individuals who can be approved each year. This is known as the “cap.” This cap limit, in turn, creates an April filing deadline which must be met to have a chance to be selected and approved for one of the limited cap spaces. Not all H-1B cases are subject to the cap. Employers who may need to utilize this category need guidance regarding which cases are subject to the cap and which are exempt. (Cases which are not subject can be filed at any time.) If cap subject filings are needed, it is important to identify this need and start the process well in advance of the deadline.
