Business Visas

Fool me twice, shame on me’ is an ancient adage. For shame on you if you fool me twice! I’d like to say that in my twenty-plus years of staffing, I’ve only been duped once or twice when it comes to employment and immigration legislation, but the fact is that I’ve been tricked more than a few times.

You will inevitably encounter the visa problem if you work in the staffing industry for any period of time. Whether you work at a staffing agency or a large corporation, at some time you will come across a qualified applicant whose residence status causes you uncertainty.

Unfortunately, my generosity and naiveté have led me to squander time moving a couple of vital applicants through the recruitment process, only to be halted just before completion when I learned that their position needed legal sponsorship.

One issue I always ask during the preliminary phone interview is whether or not the candidate has a permanent right to work is the United States. Or… • Do you qualify to pursue employment in the US without a visa?

To answer your question, yes, it is. Some people will voluntarily disclose that they are citizens of the United States or lawful permanent residents. Most of us are aware that sponsorship is necessary if an applicant has an H1B visa. Hearing the term “visa” makes us think of the need for additional legal counsel and paperwork. The renewal procedure for any visa, including a TN visa, will need supporting documents.

Several years ago, I fell into a trap when a top applicant said they didn’t need sponsorship since their “residency status was EAD.” They reported that the EAD approval of their Green Card was complete. Final interviews were scheduled with this applicant before I found out from the company’s lawyers that EAD has not a status. Obtaining an EAD, which stands for “employment authorization document,” may be done in one of three methods. The EAD may be obtained via the Green Card procedure, as an F-1 student, or as an L-2, J-2, or TD dependant of a visa holder. When an EAD holder is employed, the employer should keep track of the EAD and help the employee reapply for it if necessary. In addition, the employment authorization letter (EAD) must be transferable for the individual to be hired. When an EAD is “portable,” it may be used at any job. Six months to a year of EAD possession is required before it may be transferred to another employer.

Candidates may hold one of the following visa types while searching for work:

  • H-1B It’s an F-1 Work Visa This is a visa for students, and some people keep them even after they graduate and start looking for jobs that would sponsor their H-1B visas.
  • TN L-1 visas allow Canadians and Mexicans to find employment in the United States in the trade sector. This visa has a very limited validity period, however it may be extended (up to a maximum of seven years). Employees of a multinational firm with U.S. and foreign branches may apply for these visas. • L-2 Spouses of L-1 visa holders may apply for this visa.

Make it a point to verify with each applicant that they possess the legal right to engage in employment in the U.S. without the need for a visa. Keep in mind that you may only legally employ U.S. Citizens & Green Card holders unless your organization has the resources for sponsorship and participate in paper preparations.

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