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When can a business obtain visas for foreign professionals?

On Behalf of | Feb 10, 2024 | Immigration

Businesses sometimes have no choice but to expand a talent search to international markets. The hiring or human resources team at the organization may have a hard time locating domestic workers with the skills to perform certain jobs.

The company might tap into a massive international market by looking for engineers or other highly-trained professionals abroad. A company that hopes to hire foreign talent for domestic work can sponsor the right candidates for employment-related visas. The following are the general requirements for a situation in which an employer hopes to sponsor a worker for a visa.

A lack of domestic talent

Proving that there is a shortage of certain types of talent can be a component of the visa sponsorship process. In many cases, companies must be able to credibly claim that they cannot find workers to fill vacant positions when advertising the position domestically. Typically, they also have to commit to offering the prevailing wage for foreign nationals who accept employment visas. There are some exceptions to these rules in cases involving workers with extraordinary abilities.

A worker’s qualifications

A company hoping to hire a worker because of their advanced degree or years of professional experience must have evidence supporting their claim that the worker meets the standards for a specific employment visa program. Depending on the type of employment visa the company pursues, an advanced degree, a pre-existing business relationship or a certain amount of professional success may be necessary for the applicant to qualify.

A candidate of good moral character

One of the most important considerations when deciding who should receive a visa, as well as who qualifies for a green card or citizenship, is whether the individual demonstrates good moral character. Typically, the United States Citizenship and Immigration Services (USCIS) conducts extensive background checks looking at the criminal record of anyone pursuing an employment visa. Companies often need to research the background of individual candidates to ensure they do not waste time and money pursuing a visa for someone who could not qualify because of prior criminal convictions.

Businesses in a large number of different industries might benefit from bringing in skilled foreign workers whenever a company cannot locate adequate domestic talent. Understanding the necessary requirements for sponsoring a foreign worker for a visa could benefit a company seeking to hire from the global employment marketplace.

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