How to Avoid Common Work Visa Errors That Put Staffing Companies at Risk

In a globalized economy, the top candidate for the job might be countries away. Now more than ever, companies are looking across country borders for top talent. As a staffing firm, you must help your clients find talent no matter where the talent lives. This comes with its own unique challenges. Ensuring the candidates your staffing company finds maintain visa status is important to keeping your company compliant. These tips can help your staffing firm avoid mistakes.

3 Tips for Staffing Firms Placing International Candidates

Know the Basics of Recruiting International Candidates

If you are working to help place international candidates for clients in the United States, it is important to know what is and is not acceptable. First and foremost, you need to know who is required to hold a work visa and when. Not all employees from out of the country are required to have one, but most will.

You should also know the different types of visas and when a temporary visa is not enough for a worker to pursue employment with your client’s company. For example, individuals here on a student visa must prove they do not intend to live here permanently. To be able to pursue a full-time job, they may need to take additional steps to obtain a work visa.

On top of that, you will also need to know what your staffing company needs to do in order to be compliant with immigration requirements. You also need to know what is required of workers with a green card and labor certifications.

Be Knowledgeable of the Law

Employing someone who is here from outside the U.S. can present potential liabilities for your staffing company and your clients. If an employee working for your client is found to have entered the country illegally or under an improper visa, it can have a profound impact on business operations, and the blame will fall on you. Staffing firms interested in placing individuals here on work visas may benefit from having a lawyer on hand to ensure they are checking all the boxes when it comes to legitimately hiring an international candidate.

It is also important to stay on top of any changes that have been made to visa requirements for workers in the U.S. As the administration in Washington, D.C. changes, the immigration policies and documented worker policies often change as well. Stay plugged into these changes if you are interested in pursuing workers here on a visa. You will be responsible for helping your clients with keeping the employees you have placed eligible to work.

Track Visa Requirements and Expirations

There are over a dozen types of visas that an employee might hold to gain status as a documented worker in the U.S. Many of the differences in types of visas depend on how long the employee intends on staying and what type of work they are doing. For example, business visitors only require a B-1 visa. This allows them to engage in conferences, meet with colleagues, and perform similar activities. These visas are only valid for three to six months. This makes them a good option if you are helping your client find a consultant.

If your clients need long-term workers, you need different visas. Professional workers who intend on staying here for an extended period of time typically need to obtain an H-1B visa. These are valid for up to six years and will need to be renewed. Additionally, there are specific visas for visas for contract or temporary placement. Visas for temporary work, such as seasonal or intermittent work, can only be used once for a short time. As a staffing firm, it is important to be aware of what each client expects and each candidate’s requirements for working in the States.

Does Your Staffing Firm Need Help Tracking Visa Requirements?

Essium can help your staffing company stay on top of visa requirements and expiration dates. Contact us to see how we can assist your organization in keeping this information up to date and avoid putting your company at risk.