Foreign Employees that US Employers Can Hire| ALG Lawyers

Published: September 7, 2023

Workforce diversity with international workers helps boost a company’s overall competitiveness, even on a global level. Gathering people from different backgrounds and places pushes workplaces to be more dynamic and adaptive to developments. More companies are realizing that hiring foreign employees in the US is a critical but worthy investment.

Besides keeping up with competition, employing non-citizen workers addresses labor shortage. Of the 9.8 million local job openings, around half would remain unfulfilled. Bringing eligible immigrants to fill in such jobs will be integral to keep the country’s economy running.

Hiring immigrants can be challenging and tedious, especially for non-legal experts. ALG Lawyers, a Los Angeles immigration law firm, has a dedicated team to support your needs. 

How to hire foreign employees for US companies?

US employers and companies may not hire foreign employees simply because they can and want to. Interested parties must comply with various technicalities to legally employ non-US citizens, especially those not residing within the country.

Here is a preview of how US companies and employers hire foreign workers in the country:

Apply for Labor Certification

Employers hiring international employees in the US may need to file a Labor Condition Application (LCA) from the Department of Labor to hire non-US employees. It is an authorization signifying that the sponsoring employer complies with the requirements of the Immigration and Nationality Act and other immigration laws. Further, it is a requirement under specific visa categories for US employers to sponsor and bring workers to the United States.

Employers and employees should study the details of their LCA. This document discloses the following:

• The offered job title or position
• The job’s prevailing wage
• The Standard Occupation Classification (SOC) Code of the job title
• Length of employment
• Confirmation whether the job is full-time or part-time

Search for Foreign Employees

After having their LCA approved, employers may now begin hiring foreign workers. They may now enter into labor contracts with foreigners and bring them to United States. Employers must uphold their LCA stipulations at all times. Parties violating these stipulations may be subject to statutory penalties, such as payment of fine.

Sponsor employee’s US visa

Employers may hire non-citizens who are within and outside the United States. When hiring workers already in the country, employers must check the foreigner’s employment eligibility. Companies may do so by verifying the worker’s identity and work authorization. Some workers may need to undergo an adjustment of status to be eligible.

On the other hand, if an employer wishes to recruit foreign talents outside the country, they should petition for their work visa. Depending what is necessary, companies may sponsor permanent and temporary work visas. Permanent or immigrant work visas will grant workers permanent residency. 

Report wage payment to IRS

Foreign workers are subject to US taxes. In compliance with tax regulations, employers hiring non-citizens should report their foreign payroll to the Internal Revenue Service (IRS). This report includes disclosure relating to tax treaty exemptions and other benefits that foreign employees may enjoy.

Employers’ Obligations When Hiring Foreign Employees in the US

Employing foreign workers can be a pragmatic move for US-based companies. However, exercising this privilege comes with stern responsibilities. US employers should observe the following:

• Pay employees’ fair wages and other benefits
• Ensure the employees’ safety and welfare at the workplace
• Prohibit any forms of discrimination and abuse
• Report relevant changes in employee’s status to USCIS
• Address work visa violations and other irregularities

Visas for Non-Citizen Employees

Non-citizens require appropriate permits, such as a work visa, before working under US companies. Employees may intend to work temporarily or permanently in the country. As such, they can either choose from immigrant and non-immigrant work visa categories. Employers should be keen with every visa type because each has specific requirements and legal implications.

Immigrant work-based visas

For employees, working in the United States can be an opportunity for permanent residency. As an employer, you may help these employees by sponsoring them. There are five major types of immigrant work-based visas:

• First Preference or EB-1 Visa: Foreign nationals with extraordinary ability in the sciences, arts, education, business or athletics
• Second Preference or EB-2 Visa: Foreign professionals with advanced degrees or exceptional ability
• Third Preference or EB-3 Visa: Skilled or professional workers
• Fourth Preference or EB-4 Visa: Special immigrants such as religious workers, broadcasters, retired G-4 international organization officers or employees
• Fifth Preference or EB-5 Visa: Immigrant investors

Non-immigrant work-based visas

Hiring foreign employees can be strategic, especially for companies with active operations only during specific months. Employers prefer these employees for temporary or seasonal work. Here are non-immigrant visa categories for temporary workers:

• CW-1 Visa: CNMI-Only transitional worker
• E-1 Visa: Treaty traders and eligible workers
• E-2 Visa: Treaty investors and eligible workers
• E-2C Visa: Long-term foreign investors in the CNMI
• E-3 Visa: Australian specialty occupation workers
• H-1B Visa: Specialty occupation workers
• H-1C2 Visa: Registered nurses working in a health professional shortage area as determined by the US Department of Labor
• H-2A Visa: Temporary or seasonal agricultural workers
• H-2B Visa: Temporary non-agricultural workers
• H-3 Visa: Trainees other than medical or academic.
• I Visa: Foreign information media (e.g. press, radio, and film) representatives
• L-1A Visa: Managerial or executive-level intracompany transferees
• L-1B Visa: Intracompany transferees utilizing specialized knowledge
• O-1 Visa: Persons with extraordinary ability in sciences, arts, education, business, or athletics and motion picture or TV production
• O-2 Visa: Persons accompanying solely to assist an O-1 nonimmigrant
• P-1A Visa: Internationally recognized athletes
• P-1B Visa: Internationally recognized entertainers or members of internationally recognized entertainment groups
• P-2 Visa: Individual performer or part of a group entering to perform under a reciprocal exchange program
• P-3 Visa: Artists or entertainers, either an individual or group, to perform, teach, or coach under a program that is culturally unique
• Q-1 Visa: Persons participating in an international cultural exchange program for the purpose of providing practical training, employment, and to share the history, culture, and traditions of the noncitizen’s home country.
• R-1 Visa: Religious workers
• TN Visa: North American Free Trade Agreement (NAFTA) temporary professionals from Mexico and Canada

Employer Attestations When Hiring Foreign Employees in the US

Hiring foreign workers in the US brings new opportunities for a company to grow and achieve its goals. In a way, inviting international talents to local industries makes US labor more competitive. However, employers should be keen on complying with labor and immigration requirements to avoid statutory penalties. Acquiring legal assistance will help employers avoid unnecessary irregularities.

For topnotch immigration support, get connected with ALG Lawyers. We are a Los Angeles immigration law firm composing of attorneys with over 20 years of field expertise. Click here to know more about our immigration services.