Here’s What You Need to Know About Hiring Non-U.S. Workers

As the business world continues its shift toward a fully global workforce, entrepreneurs are quickly realizing that to secure the best talent, they may need to look outside of the U.S. This phenomenon isn’t new; in fact, even during the midst of our last recession—while unemployment rates hovered at around 7 to 8 percent—companies like Microsoft were still hiring the best people for the job, even if they didn’t reside in this country.

In 2011 alone, Microsoft brought on over 2,500 employees through the H-1B visa program (more on that later). As the business world gets more competitive, the search for top talent will continue to transcend borders.

In short, it’s a great time to educate yourself on what hiring internationally really looks like.

Gather Documentation

It’s always best to hire those who are already based in the U.S.—even if they aren’t citizens. Sponsoring employees brings a new set of hurdles, but we’ll get to those in a moment.

For now, it’s important to verify that all employees, especially those born outside the United States are granted legal status to work here. To do that, employers typically fill out an IRS Form I-9 to verify work eligibility.

You should also:

• Ensure new hires submit all appropriate documents and that documents are up-to-date, legal, and legitimate.
• Collect all documents within three days after the new employee starts work.
• Use services, like E-Verify to check copied paperwork and photos against the official version. Skipping this step can result in accidentally accepting counterfeit records.
• Note the expiration dates. Hiring an employee legally is irrelevant if their visa expires shortly after they accept the position.

The process isn’t difficult, but it does require diligence on your part to avoid costly mistakes. Fines for routine slip-ups are often found in audits by Immigration and Customs Enforcement (ICE) and the penalties start at $110 for each small mistake. Large mistakes can prove even more costly, or even criminal.

Hiring Non-Resident Workers

Most would tell you that hiring non-resident workers is often beyond the capacity of a small business. Immigration attorneys are expensive, and the paperwork is rather complex, so it’s best not to attempt to complete it yourself.

There’s also a cap of 65,000 visas available each year, so even if your paperwork is in line and your candidate is qualified, remember that large companies, such as Microsoft, often hire over a thousand non-resident workers each year. These visas aren’t guaranteed to anyone.

Visa qualifications are strongly skewed toward highly-educated workers in very specialized fields. A social media expert, for example, could prove quite a bit more difficult to relocate than an attorney, or even a Ruby programmer. These visas, after all, are intended to be a last resort for U.S. businesses, not an open alternative to bring in employees for positions you could just as easily fill domestically.

Sponsoring Workers

To sponsor a worker, you’re essentially making them a promise of employment and then requesting a visa on their behalf. The potential hire would have to provide paperwork and possibly visit an embassy in their country to finalize the process, but again—nothing is guaranteed.

The visas are difficult to get and are few in number. Additionally, there is a fair bit of competition to hire top talent, and even if you are able to secure a visa, it doesn’t mean that your talented new employee won’t be poached months—or even weeks—after relocating. Of course, non-compete agreements and employee contracts can help to prevent this, but it’s important to understand the risks.

In the end, the decision to hire overseas workers can be a difficult one, and ignorance of the rules does not protect you if you should make mistakes. While the odds may be stacked against a small business, when you are able to bring on big talent, it really makes the entire process worthwhile.