Time is Not on Your Side
Employers who are hiring workers from abroad need to know that these days, cases are taking longer than usual. You’ll need to start the residency process a great deal before you actually need the employee to begin work. Here’s the breakdown of the steps.
- Obtain all necessary documentation and follow the proper procedures.
- This is for you to complete.
- Before your chosen employee can come to the US you will need to obtain certification from the US Department of Labor that there are not sufficient workers in the United States who can perform the job you want done. You also need to show that the worker you wish to hire from abroad is qualified for the position and job in the United States that the worker will be doing.
- You must undertake a recruitment process in order to obtain certification from the US Department of Labor. This may involvement placement of advertisements and the interviewing of US workers.
- Make sure you’re in compliance with tax regulations. All employers will have to show that they have the ability to pay the offered wages once the employee comes to the United States.
Due to Covid…
If we had a nickel for every time we’ve heard “due to Covid” over the last two years!
Hiring foreign workers isn’t any different. As an employer, you can still sponsor employees for a green card during the pandemic, but Covid has caused delays at many consulates.
Many consulates are understaffed, and some have even closed completely. These delays are expected to last well into 2022—and as we know, the ripple effects of these types of delays will cause other problems in the same areas further and further out.
Appointments for immigrant visas are stretching into the middle of 2022, causing some delays in processing.
Department of Labor and USCIS Processing Times
Processing is also slower lately and there are often many more questions or requests for evidence from the Department of Labor and United States Citizen and Immigration Services (USCIS).
If you have a case that is pending with USCIS, you can check processing times online.
If your case has been pending for longer than the normal processing times, you can sometimes send an inquiry and USCIS will get back to you if filed properly.
Hiring workers from abroad is still a possibility during these trying and uncertain times. It just takes a little more patience and legwork than employers or employees might be used to. It is best to work with an immigration professional who handles these types of cases frequently.