How do I Employ a Foreign Worker?

by Olufisayo January 23, 2020

published by Olufisayo January 23, 2020

You are the hiring manager for a company and you have been pouring over resumes for weeks to no avail. You finally find a candidate who has all of the qualifications you are looking for and the experience and attitude that would fit perfectly into your corporate culture.

Unfortunately, that candidate is not a citizen of the United States. Fortunately, there are several questions you can ask and the actions you can take to hire this ideal applicant.

The Documentation you will Need

If you want to hire a foreign worker, you will be required to apply to the US Department of Labor for certification. The Foreign Labor Certification Program lets companies in the United States hire workers from other countries on a permanent or temporary basis for jobs that are considered critical to America’s economy. You will then mail the forms into the DOL.

There are several categories into which a foreign worker may fall. Each category has its own forms. If you are hiring a professional with a bachelor’s degree or higher, you will need an H1B form. If you are hiring an agricultural worker, an H2A form is required. If you require an agricultural worker with special training, you must fill out an H2B form.

How the Certification Process Works

If you wish to apply for the FLCP, you must first establish that there are no qualified American applicants for the job. You must also establish that the employee you are looking to hire is eligible to enter the country under the Immigration and Nationality Act. This act gives preference to visa applicants who have specialized skills.

In order to apply for certification, You will have to have a Federal Employer Identification Number. You will complete several forms issued by the Employment and Training Administration. You must promise that the person you are hiring will be paid the prevailing wage for a job. Once you have filled out all the necessary forms, you will mail them into the DOL.

The application process can take a while, but you will be able to track your application’s progress online. If you have questions during the application process, you may direct them to the Office of Foreign Worker Certification in your area.

Circumstances that may Impede an Application

Be sure to ask questions about your job applicant’s past during the interview. If they have ever been arrested in or deported from the US, they may not be approved for employment. The official saddled with the task of approving your application may not be convinced of the fact that no applicants in the country were qualified for the position you are looking to fill.

Finding an Immigration Attorney

Hiring foreign workers can be a complex experience, especially since it involves dealing with multiple government offices. It is important to work with a qualified immigration attorney.

A lawyer will have a keen understanding of the requirements for foreign workers. They will be familiar with the paperwork and will be able to advise you of any mistakes to avoid when filling out your forms. If you are in the Hollywood, Florida area and you are in need of an immigration attorney, you can find more information here.

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How do I Employ a Foreign Worker