Our Human Resources Blog

Typically, hiring foreign workers can be a time consuming, paper intensive, daunting task. To help employers understand the requirements under the H-1B visa program- which allows for temporary employment of foreign workers in the US- the Department of Labor recently released a new tool. The purpose of this tool is to provide employers and workers with "user friendly" information regarding this program.

The H-1B visa classification was created under the Immigration and Nationality Act. The goal of the visa is to give US employers the opportunity to hire foreign professionals if a US citizen or resident is not available. The non immigrant, temporary visa allows business professionals to work in the US for a specific amount of time- in specialty occupations.  The core specialty occupations include IT, Computing, Finance, Accounting, Health Care/Medical, Legal, Business Management and Hospitality. To qualify the H-1B employee must hold a US Bachelor's or higher degree or the equivalent.  Through quotas, the federal government limits how many foreign workers can enter the country on these visas.

The new interactive "online advisor" describes the H-1B program's standards and provides detailed information concerning employers and workers rights and responsibilities. It assists users in determining if they have fulfilled the requirements of the program by answering questions relevant to specific H-1B classified workers. It also outlines the notification requirements, monetary issues, worksite issues, record keeping, worker protections and enforcement.

Although the new tool can be a valuable resource to employers and employees, it is still the employer's responsibility to maintain clear and consistent visa sponsorship policies and procedures to ensure they are complying with all the requirements of the program.