Anyone engaged in tech or any other cutting-edge industry is aware that there is incredible competition for employee talent. Much of that talent resides outside of the United States, making that competition an international one. As a result, any company wanting to remain competitive must have an expert understanding of the immigration process if they’re going to have any hope of recruiting the talent they need. Our firm frequently provides counsel to companies here in San Jose, in Silicon Valley, in California, and around the world regarding the U.S. immigration and visa process. The following blog post gives a brief overview of this ever-changing process. You need to understand that what worked for your firm last year, last month, or yesterday, may not work today. An excellent example of that is the H-4 visa program, an alluring visa program for tech employees and, specifically, their spouses, which is currently under review and attack by the Trump administration.

Whether your business is just starting or you are an established veteran you require expert immigration counsel to guide you through the foreign employee hiring and visa process. The attorneys at SAC Attorneys LLP are positioned to provide you with that counsel, call us for your free consultation today at (408) 436-0789.

Overview of Immigration Issues Frequently Faced by California Tech Companies

We frequently help firms attain top talent through the H-1B visa process, which is reserved for positions that require theoretical or technical expertise in specialized fields such as in IT, finance, accounting, architecture, engineering, mathematics, and science. This process can be complicated, especially in the current political environment, which has turned a critical eye to all immigration. Your odds of attracting top talent are low unless you have a well-coordinated approach to H-1B visa process, especially since other firms are vying for the same talent.

Talented tech employees often want their spouses and children to join them in the U.S. and often want their spouses to work under an H-4 visa. These visas are currently under attack by the Trump administration, which stated this week that it may end the H-4 visa process entirely. While stopping the H-4 visa process would not affect the immigration status of H-1B visa holders, it may make U.S. tech firms less competitive than their foreign competitors, as technical employees often look not only for a position for themselves but also for their spouse. We often help companies transfer a foreign employee from a foreign subsidiary to one within the U.S. We have the expertise to handle these routine lateral transfers, which are achieved through the L-1 visa process. The L-1 visa is designed for the transfer of certain employees between two or more related entities in the U.S. and another country. It may also be suitable where a non-US company wants to establish a subsidiary or branch in the U.S.

Finally, we also advise companies regarding their need to have foreign experts to attend meetings, trade events, and training for limited periods. This sort of work may require a B-1 visa. The B-1 Temporary Business Visa allows for participation in consulting, traveling the U.S. for training, negotiation, conventions, and other activities valuable for the business.

Get the Legal Help You Need Today

Whether you are a business leader in California or are on the path to be one, you understand that you need expert advice regarding recruiting the best talent. That talent often comes from abroad, requiring expert immigration counsel to ensure that you can acquire the expertise you need when you need it. If you are employing foreign talent, you cannot afford to stumble through the visa process, especially because the immigration landscape is changing daily. You need expert guidance; for a free initial consultation, contact SAC Attorneys LLP today at (408) 436-0789. Based in San Jose, California, our firm is prepared to represent clients in San Jose, Mountain View, Los Gatos, Cupertino, Fremont, Palo Alto, Santa Clara County, Silicon Valley, and around the world.