The U.S. Department of State reports that the number of visas granted is the highest it has been in five years. More potential workers than ever are entering the United States, giving you an excellent opportunity to improve your workforce. However, how do you do that, and how should you expect an H1 visa timeline to progress?

Getting working visas such as an H1 is simple, especially with help from a legal expert, so read on to learn what you need to do to source them for your potential hires. Discover their requirements and how leveraging international business law can enhance your competitiveness and help you realize your business expansion plans.

Understanding U.S. Business Visas

Several types of U.S. business visas cater to different needs for the wide range of possible roles for which you may hire foreigners. These include the:

The H1B visa is well-suited for companies needing to bring in foreign professionals in specialty occupations. The jobs related to these visas require technical or theoretical expertise, for example:

• Engineers
• IT specialists
• Healthcare workers
• Accountants
• Scientists
• Teachers

The L-1 visa is an intra-company visa that allows employees of international companies to transfer to a U.S. branch. There are two types of these. The L-1A is specifically for executives and managers, whereas the L-1B is for employees with specialized knowledge that suits the role.

To receive an L-1 visa, an employee must have worked in the company for at least one year in the past three years and must also transfer to a U.S. office of the same company. Therefore, they cannot be newly-sourced individuals from hiring agencies. However, you can use it for internal hiring if you have foreign branches.

The O-1 visa and the EB-1 are for individuals with what the visa describes as “extraordinary ability.” The individual must be able to demonstrate national or international acclaim over a long period and needs to work in a field related to that ability. Such roles include:

• Actors
• Musicians
• Artists
• Scientists
• Executives
• Athletes

Businesses often use this visa when they need an executive to immigrate to the United States.

Other Business Visas to Pursue for Foreign Talent Recruitment

Other visa options for a business seeking foreign talent include:

• The E-1 or E-2 for individuals who have significantly invested in your company
• The H-2A for temporary or seasonal agricultural workers
• The H2-B for temporary or seasonal non-agricultural workers
• The EB-2 for those with advanced degrees or exceptional science or business abilities
• The EB-3 for skilled workers
• The J-1 for exchange visitors such as interns and trainees

The above list is not exhaustive, and other visas do exist. Specific countries may also have unique visas, such as the H-1B1 for Chile and Singapore or the TN visa for USMCA countries. If you need to know more about which ones may be best for your situation, talking to a professional legal advisor can help.

Tailoring Your Visa Decision for Your Business Expansion

Before you choose a specific visa, assess your company’s talent needs. Align these needs with the relevant visa type you could investigate, as having a much more detailed understanding of these can help you plan your next steps properly.

Consider things such as:

• How long a visa will last and how long you need someone for
• Whether you can renew the visa
• If the person can transition to permanent residency and if you can aid that
• Your future business needs and likely ongoing income

Also, consider non-legal concerns, such as whether the person will likely fit in with your team dynamic. Having glowing reviews from foreign talent may make it easier to bring on other workers in the future.

Importance of Visa Compliance in International Business

Complying with a visa is a legal requirement once you enact it. Not doing so can have severe penalties, including:

• Fines
• Sanctions
• Loss of future visa sponsorship capabilities
• Criminal charges
• Reputation damage

All of these could cause severe harm to a business. However, the foreign worker could face

• Deportation
• Detention
• Loss of future visa eligibility
• Bans on future entry into the country

These could lead to other foreign workers losing faith in your ability to ensure they remain secure in your employment.

Step-by-Step Guide to the H1-B Visa Application

The following steps will guide you through how to apply for the most popular professional visa in the United States.

• Determine if the job counts as a specialty occupation. These tend to be due to specialized knowledge, such as a bachelor’s degree.
• Fill in and submit the Labor Condition Application (LCA) stating that the worker’s hiring will not harm the salary or working conditions of U.S. workers in the same or similar fields.
• Once the LCA is processed and approved, file form I-129. This form petitions the U.S. Citizenship and Immigration Services (USCIS) for your ability to hire a non-immigrant worker.
• When the USCIS approves, the employee can apply for an H1B visa. They may need to interview at a U.S. embassy or a consulate before this is approved.

Be aware that, depending on when in the year this occurs, the visa’s results may come down to a lottery. There is an annual cap on H1B visas, so you may have to reapply the following year if they do not accept it.

Be aware that there is also a high volume of H1B applications each year. So, ensure that you are meticulous when writing your application. If you are unsure, contact a specialist who can perform this step with a high degree of accuracy.

Progress the H1 Visa Timeline Faster with Expert Advice

Business growth is much easier when you have access to international workers. However, the H1 visa timeline can be lengthy. You can ensure it goes as fast as possible by leveraging the services of a legal expert with experience in the field.

Boyer Law Firm is ready to help guide your business through the legal requirements of an H1 visa, giving you the best chance of bringing new skilled workers on board. So, contact us to leverage decades of success with immigration law and make it easier than ever to bring in foreign workers.