What U.S. Employers Need to Know Before Hiring International Workers

Bringing skilled foreign workers to the U.S. can be a smart move for your business. But before you can sponsor someone for a work visa, you need to meet certain rules. This guide explains what U.S. employers must do to qualify to hire foreign workers, with simple, clear steps that follow U.S. immigration laws.

Who Can Sponsor a Foreign Worker in the U.S.?
To become eligible to sponsor a U.S. work visa, an employer must have a legally registered business in the United States. The business must also be able to pay the required wages and follow all relevant immigration and labor laws. One of the first steps in this process is obtaining a Federal Employer Identification Number (FEIN), which is required for immigration filings.

What is an FEIN for Immigration Filing?
An FEIN, also known as an Employer Identification Number (EIN), is similar to a Social Security Number but for businesses. It is issued by the IRS and is required when filing most employment-based visa forms, including Form I-129. This number helps verify that your business is legitimate and authorized to hire workers.

Step 1: Register with USCIS for H-1B Sponsorship
If you want to hire foreign workers under the H-1B visa category, you must register with the United States Citizenship and Immigration Services (USCIS). This registration process takes place online and is usually open for a limited time each year, typically in March. If you miss this period, you cannot file an H-1B petition for that year.

What Is Employer Registration for the H-1B Visa?
Employer registration for the H-1B visa is a mandatory step that allows U.S. companies to enter a lottery system. This system is used to randomly select employers who will be allowed to file full petitions for skilled foreign workers.

Step 2: Meet Wage and Labor Standards
Before filing a visa petition, employers must prove they are offering fair wages and working conditions. This helps protect both foreign workers and the U.S. labor market.

What Are LCA Requirements for the H-1B Visa?
The Labor Condition Application (LCA) is submitted to the U.S. Department of Labor. It confirms that the foreign worker will be paid the prevailing wage for the position and that their employment will not negatively affect the working conditions of U.S. employees. Once approved, the LCA must be included with the H-1B petition.

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Step 3: File the Right Petition
Each visa category requires specific forms and supporting documents. For temporary work visas like the H-1B, employers need to file Form I-129.

File Form I-129: Employer Guide
Form I-129 asks for detailed information about your business, the offered job, and the foreign worker. The form must be completed accurately, signed, and submitted with the required fees. It should also include supporting documents such as the approved LCA.

If you are looking to hire someone permanently, you may need to go through the PERM recruitment process first.

What Is the PERM Recruitment Process?
The PERM process is used when employers want to sponsor foreign workers for employment-based green cards. It involves advertising the job to U.S. workers and proving that no qualified U.S. applicants were available. Once this step is complete, you can file a labor certification application with the Department of Labor.

Step 4: Understand Your Ongoing Responsibilities
Hiring a foreign worker comes with long-term responsibilities. Employers must maintain accurate records of the employee’s wages, job duties, and employment status. Any changes to the worker’s role or the end of their employment must be reported to USCIS.

Employers must also follow anti-discrimination laws and be ready for audits or site visits by immigration or labor officials.

What Happens During a Site Visit?
‍During a site visit, officers from USCIS or the Department of Labor may come to your workplace to confirm that the foreign worker is performing the job as described in the petition. They will also check that you are paying the promised wages and that your business is legally operating. Being well-prepared for these visits is crucial.

Special Visa Categories Have Extra Rules
‍Certain visa types, like the TN visa for Canadian and Mexican professionals or the O-1 visa for individuals with extraordinary ability, may have different requirements. However, employers must still follow U.S. immigration laws and demonstrate that they are offering a legitimate job opportunity.

Conclusion
‍To qualify to hire foreign workers in the USA, employers need to complete several important steps. First, they must register their business and obtain a Federal Employer Identification Number. For H-1B sponsorships, they must register with USCIS during the official period. Employers also need to comply with wage laws by submitting an LCA or going through the PERM recruitment process for permanent roles. Filing the correct forms, such as Form I-129, and maintaining compliance through proper record-keeping are also essential.