The United States has always attracted the best and brightest from the world over, so it is not surprising that American businesses like to access this available talent. U.S. employers can hand pick the best workers for jobs from a pool that is not limited to the domestic workforce. Hiring a non-U.S. worker is a little different from hiring a U.S. worker, however.
There are a variety of different working visa statues available, depending upon the nature of the position offered and the background and experience of the applicant. One visa category that is often used is the H1B for jobs requiring a bachelor's degree in a specific field. A U.S. employer petitions for the H1B visa for the qualifying, prospective foreign worker.
The H1B is temporary in that it is available initially for three years and can be extended to a maximum of six years. An employer requiring a more permanent situation should petition for a green card, establishing lawful permanent residence for the employee. The green card case can be processed while the employee is in H1B status.
H1Bs take approximately three to six months to process. Also, due to processing delays and quotas, the earliest a green card can be obtained is about two years, with current backlogs. Additionally, there is the option of the premium processing program, whereby USCIS guarantees faster processing for an additional fee.
The strength of U.S. companies lies largely in the quality of their employees. Many U.S. employers actively recruit worldwide for professional talent in fields ranging from Information Technology (IT) specialists, accountants, and market research analysts, to professors and scientists. The H1B Visa (Professional in a Specialty Occupation) allows a U.S. employer to fill a position requiring the minimum of a baccalaureate in the particular field with a qualified worker from abroad. The foreign worker must possess that U.S. degree or an acceptable foreign alternative. In some cases, a combination of studies and relevant experience may substitute for the degree if it is determined by a credentials expert to qualify the foreign professional.
