When hiring a foreign employee, you need to take a few more steps to ensure compliance with U.S. laws. When you comply with the law, you also protect your business from potential penalties. You must adhere to the rules when you hire a foreign employee.
Keep reading to know the detailed steps when hiring a foreign employee:
1- The first step is to ensure that the foreign national meets all of the basic requirements
This helps to protect your business from any potential penalties. The requirements include:
- The foreign national must have the necessary qualifications for the position.
- They must be willing to work in the U.S. on a full-time basis.
- They must be authorized to work in the U.S.
- They must have a valid passport.
2- The next step is to obtain a Labor Condition Application
The U.S. Department requires this of Labor, which must be filed before the foreign national can begin working. The LCA establishes that the foreign nationals will be paid the same wage as other employees in the same position and will not displace any U.S. workers.
3- The next step is to file a petition with USCIS
This is an I-129 form and needs to be filed before the foreign national can begin working. The I-129 establishes that the foreign national is coming to the U.S. to work in a specialty occupation.
4- After the petition is approved, the foreign national can apply for a visa
This will allow them to enter the U.S. and begin working. The most common type of visa for a foreign national coming to work in the U.S. is an H-1B visa.
5- The final step is to ensure that the foreign national is complying with all of their visa requirements
This includes maintaining a valid passport and updating their address with USCIS. It is vital to keep track of these things because if foreign national fails to comply with their visa requirements, they could be deported from the U.S.
Fun fact… not all employers follow the law when hiring a foreign employee… Here’s a few reasons why you’ll want to ensure you’re hiring correctly and legally.
- a) You will avoid any potential penalties
The penalties for not complying with U.S. laws when hiring a foreign national can be severe. Your business could be fined, and you could even be deported from the U.S.
- b) You will protect your business
When you comply with the law, you protect your business from potential liabilities. If you hire a foreign national without following the proper procedures, your business could be held responsible for its actions.
- c) You will ensure a smooth process
Hiring a foreign national can be complicated, but if you follow the law, it will go more smoothly. You will be able to avoid any potential delays or problems.
- d) You will attract the best talent
When you follow the law, you can be sure you are attracting the best talent worldwide. The foreign national workers willing to comply with U.S. laws are usually the cream of the crop.
Following these steps, you can hire a foreign national in compliance with U.S. law. This will protect your business from potential penalties and help ensure that the foreign national can work in the U.S. legally.
