Hiring Foreign Nationals in California

With the rise of a global economy, businesses are no longer limited to selecting employees from just the region in which they operate. It is now easier than ever before to find talented individuals from around the world. Unfortunately, however, hiring a person who is not a United States citizen is a process that is often fraught with various challenges and complexities.

At SAC Attorneys LLP, we offer a full range of business and employment immigration services to companies in Silicon Valley and throughout Northern California.

For nearly 15 years, our firm has helped area companies develop comprehensive immigrations plans to address their international staffing concerns. With decades of diverse legal experience, we are equipped to help you staff your business appropriately and utilize talent from across the globe.

When you hire any employee, it is up to you to verify that the individual in question is legally permitted to work in the United States. To be authorized to work in the U.S., a person must be either:

• A U.S. citizen;
• A non-citizen national;
• A lawful permanent resident; or
• A foreign national who has received authorization from the U.S. government.

As an employer, you are not necessarily required to know what these categories mean. The employment eligibility verification Form I-9 provides instructions regarding which documents you need to verify your worker’s eligibility. Our attorneys can help you develop a process for collecting such information and retaining it as part of your employee’s personnel file.

Comprehensive recordkeeping is a vital part of regulatory compliance and can protect your company if questions should arise later.

If you wish to hire a candidate who is not currently authorized to work in the United States, the experienced lawyers at SAC Attorneys LLP can help. While there is not a standard work authorization process for general labor purposes, it is possible for you to help your prospective employee gain legal entry into the U.S. so that he or she can work for your company. There are a variety of work visas that could be available to facilitate the process, including:

• EB-1 visas for outstanding researchers or professors, persons with extraordinary ability, or multinational executives;
• EB-2 visas for professionals with advanced degrees or exceptional ability;
• EB-3 visas for skilled workers, professionals or unskilled workers;
• H-1B visas for employment positions requiring highly-specialized knowledge in areas such as biotechnology, medicine, law, or the arts.
• O-1 visas for the individual who possesses extraordinary ability in the sciences, arts, education, business or athletics; and
• L-1 visas for managerial employees or employees with specialized knowledge of an international company with offices in both the United States and abroad.

The granting of work visas may be dependent on the individual’s current situation and willingness to pursue permanent resident status and U.S. citizenship. A standing job offer, in most cases, can be very helpful for a prospective employee in obtaining the necessary authorization.

Hiring foreign nationals can give your company the edge you need to succeed in a competitive marketplace, but doing so can be complicated. Contact our office to learn how we can help you simplify the process. Call (408) 436-0789 to schedule a free consultation with SAC Attorneys LLP today. We are located in San Jose, California, and we are proud to serve Alameda County, Santa Clara County, San Francisco, and the surrounding regions.