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January 31, 2014

Trouble Filling Highly-Skilled Positions? Consider International Applicants Under Specialized-Skills Visas

Let's face it — some highly-skilled positions are hard to fill in our neck of the woods. But when it comes to engineering and computer programming positions, you can't afford to hire someone who doesn't have the skills or expertise for the position. Many companies facing this situation broaden their applicant pools and find the skills they need by considering international applicants who work under specialized skills visas. 

To quickly obtain work authorization for foreign national employees with key skills, the H-1B visa is the most popular visa tool. These visas are available for a wide variety of professional positions, including engineering, computer science, accounting, sales/marketing and many other professional occupations. Foreign nationals who will fill a professional "specialty occupation" position may qualify for H-1B status. Among other things, a "specialty occupation" must require at least a bachelor's degree (or the equivalent) in the relevant field.

The catch is that the number of H1-B visas available each year is limited, so timing is critical. April 1 is the first day H-1B cap-subject petitions are accepted for next year's allotment of these visas. Cap-subject H-1B visas become available each year on October 1, and filings can be made no sooner than six months in advance (April 1). This year, the cap was reached within five days, resulting in a lottery.

If you have trouble hiring for critical professional positions, including positions requiring education, skills or experience within STEM (Science, Technology, Engineering, Math), consider using H-1B work visas to get what you need. Starting the process in early 2014, so that you make the effective deadline of April 1, is key. Our immigration team can tell you what you need to know and guide you through the requirements and application process.

This article also appeared in RV Focus: A Newsletter for the RV Industry Professional, authored by lawyers who understand the RV industry and take a practical look at legal issues that can affect a company. Legal problems are costly and distracting, and company time is better spent focusing on production, sales, cost control and business relationships.







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