By Anniken Davenport
Employers who have successfully used visa-based immigration to round out their workforces with experienced specialist labor like doctors, nurses and engineers, or simply had to fill open seasonal positions at amusement parks, seashore restaurants or even Maryland crab-processing plants, face unique challenges this year. But here’s a plan for making sure you have the labor you need, whether you’re a health-care facility, a nursing home, a high-tech enterprise or in the agriculture, hotel and hospitality sectors.
Start early. U.S. Citizenship and Immigration Services (USCIS), the Department of Labor and all the embassies and consulates that work together to vet and approve potential work visa holders are working with reduced staffing levels, so planning as far ahead for your labor needs is essential. It’s not too early to think what your workforce composition in 2027 should look like either. Plus, anyone you do hire will be pleased that HR and management plan ahead.
Consider multiple visa categories. While H-1B may be the best-known work visa, there are many other categories in which your potential employee may qualify. And since the H-1B visa now comes with a hefty fee, it’s imperative that some positions you might have used that visa for switch to another. If you are going to use the H-1B, prepare the best petition possible so you maximize its potential issuance if you win a lottery spot.
The O-1 extraordinary visa. Also known as the Einstein or genius visa, this option is a possible alternative to the H-1B visa when the applicant can show awards, publications and other indications that they are extraordinarily talented.
Pay attention to job descriptions. Don’t draft general job descriptions—focus on accurate, specific descriptions that tie into your operational needs. Just as with any job description, identify the essential functions the foreign worker will have to perform.
Be ready for ICE audits and visits. Be sure that your managers understand how to handle a visit, and what information they should be ready to have inspected. Pay particular attention to your I-9 records and make sure they are up to date. It helps to have a clear system that tracks employee work-authorization status and reminds employees well ahead of document expiration dates that they need to obtain a renewed or different work authorization in a timely way. A centralized system may be best as it’s most likely to result in accurate, consistent record-keeping.
Designate someone to stay on top of immigration changes. We are in a period of rapid change, with an administration that has been known to make quick modifications. Someone should be monitoring immigration changes. That someone should ideally be your retained immigration counsel, who can update you and recommend an appropriate response to new rules.
