Founder of Alcorn Immigration Law, Sophie Alcorn, helps tech and entrepreneurial talent navigate U.S. immigration for visas and green cards.
Global competition for talent remains fierce across business sectors. Across professional and business services, there are millions of unfilled jobs, causing many employers to look outside local talent pools.
With this in mind, I think the H-1B visa program can offer a lifeline to companies seeking highly skilled workers in industries such as finance, engineering, healthcare and technology.
Addressing unique challenges and maintaining innovation requires that you close critical skill gaps in the workforce. Businesses with forgone growth due to a need for more skilled talent can leverage H-1B visas to help build dynamic, diverse workplaces.
Understanding The H-1B Visa
The H-1B nonimmigrant visa program allows U.S. employers to hire foreign talent in specialty occupations who meet specific eligibility requirements, including:
• Specialized knowledge
• Bachelor’s degree or higher degree in the specialty (or the equivalent)
• A valid job offer from an employer
The most important factor is that the applicant has specialized knowledge that your business requires for growth. Specific caps exist for the program, but there are certain exemptions.
Within the United States, H-1B visas constitute a significant source of talent, especially in tech, with companies like Google and Microsoft historically sponsoring the largest number of these visas. Specialized knowledge and talent are hard to find, and I’ve seen how these individuals can emerge as key leaders driving company growth.
Visa Cap And Demand
Annual limits are in place to prevent businesses from hiring only international talent. Current caps are set as follows:
• 65,000 for regular applicants
• 20,0000 for advanced-degree holders (master’s degree or Ph.D.)
Competition for these spots is fierce, and a lottery system for cap-subject H-1Bs selects who can apply for the visa if registration exceeds the caps in place. Note that nonprofit research organizations or institutions of higher education are not subject to the cap.
With this in mind, I believe startups, multinational corporations and research-heavy sectors are great candidates for using H-1B visas to help find foreign talent and fill critical skill gaps.
H-1B Visas And Business Growth
Forming an immigration strategy and hiring the right talent is crucial for business growth, especially in competitive sectors. In fact, growing a business using the H-1B visa program is, sometimes, the only option, as it provides:
Access To Global Talent
Companies often need to solve problems on a multinational scale, reaching worldwide sectors with their products or services. H-1B visas empower U.S. companies to recruit highly skilled professionals who can offer diverse perspectives, helping companies stay on top of the latest industry trends.
Filling Of Critical Skill Gaps
Certain industries face skill gaps that hinder growth and innovation. Hiring specialists for roles in sectors that demand advanced knowledge can help address these gaps, particularly in STEM, healthcare, technology and finance.
Innovation Driven From Global Perspectives
Innovation requires the right people in the right seats. International talent can bring a diverse range of skills, introduce fresh ideas, enhance problem-solving capabilities and help your company stay competitive.
How To Leverage H-1B Visas To Build A Stronger Workforce
To maximize the advantages of the H-1B visa, I recommend you develop a proactive talent strategy. By doing this, you can better navigate the application process and foster a supportive work environment to help your talent reach their full potential.
Because this is a lottery-based visa with limited availability, U.S. Citizenship and Immigration Services (USCIS) has strict deadlines for application submissions. Processing times can also take anywhere from two to eight months or longer.
If you want to leverage the H-1B visa to recruit top talent and accelerate growth, planning early and taking a proactive approach to recruitment is essential.
Start identifying top international talent well before the filing deadline so you can select the right candidate and avoid making a rushed decision. Then build relationships with tech hubs, universities and global networks. These valuable contacts can help you identify and connect with top talent in your industry.
Navigating The Application Process With Help
Applying for an H-1B visa is a multi-step process with rules and deadlines that must be followed to avoid delays or denials.
Here are a few important things to know:
• Your job offer must qualify as a “specialty occupation.”
• You will need to enter each prospective H-1B worker into the lottery.
• If selected in the lottery, your attorney can help you move on to the next stage of filing a Labor Condition Application (LCA) with the U.S. Department of Labor, certifying that you will pay the applicant a fair wage and that their employment won’t adversely affect the working conditions of U.S. workers in similar roles.
• Form I-129 must be filed with USCIS.
• You must establish a valid employer-employee relationship with the beneficiary.
Although the process may seem straightforward, deadlines and documentation requirements can complicate matters. Therefore, I recommend partnering with an experienced immigration attorney. Your attorney will ensure you meet deadlines and regulations, making the process as smooth and efficient as possible.
Zoom: An Illustrative Example
Before the pandemic catapulted it to the top of the video communications industry, Zoom was a startup looking to transform how we communicate online.
Eric Yuan, Zoom’s founder, moved to the United States on an H-1B visa, and the startup continued to rely on the program to build a diverse team of talented engineers, data scientists and product developers.
As a result, the H-1B visa holders at Zoom helped improve and innovate the platform, specifically regarding user experience and video compression technology. Zoom grew exponentially during the pandemic and hit a peak valuation of $100 billion after going public in 2019.
As can be seen, when used strategically, the H-1B visa program can be a game changer, allowing businesses to innovate and grow in competitive markets.
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