Take It Or Lead It

Last week’s blog featured one of your questions. This week we pick it up with another -

Can we turn down applicants simply because they are not already permanent U.S. residents? We are a small company and cannot easily deal with the paperwork and expense of H-1B visas or F-1 student visa issues.

In the war for talent the battle is no longer heating up – it is hot! Finding the best person to do the job is much tougher these days with no sign of letting up. If hiring and sponsoring those who are not authorized to work in the U.S. isn’t in your plan today, it may be in the future. Even small businesses operate in a global economy where the competition for highly skilled employees is fierce.

When faced with an applicant who is not authorized to work in the U.S. your reaction may be “We simply can’t afford it!” While that may be true, it is worth considering your long-term growth and how that growth may be curtailed by your inability to hire from the global market. Those who are struggling with this question may find it helpful to consider the following suggestions. But before you do – please be advised there are legal issues surrounding the process of Visa sponsorship. For this reason, it is best to seek legal council. And needless to say, be certain you never engage in discriminatory hiring practices. These suggestions are not meant to constitute legal advice rather to give you some practical tips.

Have a plan
Consider your recruitment budget for next year or even the year after. Is it possible to plan for this type of expense just in case the ideal candidate happens to require a Visa? Internally, do you or will you have a person who can monitor the process and liaise with the employee. Essentially, you need to prepare for internal and external costs.

Do your research
Laws, policies and fees associated with Visa’s change. The availability or quantity of Visa’s change as well. Do not assume that last year’s availability or fees are the same this year. Do your due diligence to be sure you know exactly what you will be expected to pay. In the past, fees have been smaller for companies with less than 25 employees – maybe it will cost less than you imagine?

Tell it like it is
Early in the recruitment process, as you are finalizing job specifications, briefing recruiters or writing job advertisements your position should be clear. Are you able to accommodate applicants who are not authorized to work in the U.S.? If not, this should be clarified up front.

Share and share alike
Consider sharing expenses with the employee in order to minimize costs. While there are some fees that an employer must pay there are others the employee can pay. For example the employee may pay legal fees while the company pays filing fees. The fact that you are willing to offer sponsorship can be very valuable to an employee in which case they may be willing to chip in on the costs.

Buyer beware
Shop around for an immigration lawyer. Perhaps there’s a “small” legal team who understands what it is like to run a small business. Of course, the government predetermines many fees but it’s possible you can negotiate the price of some legal fees or even a suitable payment plan. In addition, compare costs with one of the many online Visa processing websites.

As with any business decision involving an investment, you need to sort out the pros and cons. Certainly, the Visa process can be daunting in terms of time and financial investments but it’s really not much different than any strategic business initiative you may consider. Think of it as an investment in the future of your business rather than a few thousand dollars in recruitment costs and you just might win one of the battles in the war for talent.