Overview: In this global economy, multinational employers are not only transferring executives and managers to US offices but even small business owners hire foreign citizens for their workplace. Whether big or small, if an employer has foreign citizens working for it on US soil, it must ensure that those foreign citizens have the proper work visas.
There are many different types of visas depending on an individual's profession and whether the individual intends on coming to the US temporarily or permanently. Even in temporary situations, the duration of each visa differs.
In order to apply for a temporary worker visa, an employer must file the appropriate paperwork with the United State Citizenship and Immigration Services. However, the filing of employment-based immigration petitions and applications with the government does not create an exception to the doctrine of at-will employment. Therefore, employers need to make sure employees understand that there is a difference between the length of the temporary visa, which is definite, and the nature of the employee's employment, which is indefinite and at-will.
Trends: There is a cap on the number of H-1B visas allowed per year. H-1B visas are used for individuals with a specialty occupation position, which is defined as a job that requires at least a bachelor's degree (or its equivalent) in the specialty. Over the last several years, the cap on H-1B visas has been reached long before the end of the government's fiscal year. Therefore, employers should file necessary documents and petitions as early as possible.
Author: Melissa A. Silver, JD, Legal Editor
Infosys, a global technology, consulting and outsourcing company based in India, has agreed to pay a record settlement of $34 million to resolve claims of visa fraud and abuse of immigration processes, the US Department of Justice (DOJ) announced in a press release.
XpertHR has reorganized and expanded its already robust immigration content to ensure our key resources are even more useful and accessible in light of recent immigration law developments.
Ensuring that employers are hiring an authorized workforce can be challenging. This section guides HR professionals through the verification process when completing the Form I-9 and if the employer participates in E-Verify as well as visa considerations when hiring a foreign national.
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In-depth review of the spectrum of Federal employment law requirements HR must follow with respect to New Hire Paperwork.
The Form I-9 and Immigration Issues Resource Center can be used as a tool to help subscribers comply with the Form I-9 process, as well as various immigration policies and requirements.
HR guidance on hiring foreign citizens with visas.