Discussion, debate, confusion and concern about hiring foreign workers has intensified in recent months, as some changes to the H1-B visa program (among others) have already been made under the incoming Trump Administration, while others are being contemplated and could be enacted at any time.
If you are contemplating on hiring foreign workers for your small business, here are some key facts to keep in mind:
No negative impact on local workers or conditions
If you wish to temporarily hire a foreign worker, then you must obtain a certification from the Department of Labor that confirms doing so will not adversely impact the opportunities, working conditions, or wages of local U.S. workers. What’s more, you must demonstrate that you cannot fill the job by hiring locally, because candidates with the skills and/or education that you require are not available.
There are multiple immigration programs
USCIS has multiple immigration programs, and each has specific rules and regulations that must be complied with fully — including strict caps and cut-off dates. Given recent and projected changes to policies and rules, it is critical that you consult with an experienced law firm that specializes in this area, such as Pollak PLLC. Both you and the foreign worker that you wish to hire should get the process started as early as possible.
You can fire a foreign worker — but there’s a cost
Ideally, you will not need to fire a foreign worker. But we all know that sometimes things don’t work out between employers and employees, and terminating the relationship is the only viable option. Contrary to what many people believe, you can indeed fire a foreign worker — provided of course that you are not breaching any labor or civil laws (which is the case when firing any employee, including U.S. citizens). However, bear in mind that you will likely be responsible for paying the fired foreign worker’s reasonable transportation costs to get back home.
The Bottom Line
As a small business owner, you cannot afford to make any mistakes when seeking to hire a foreign worker; not just because you can end up spending thousands of dollars in legal and filing fees without any return on your investment, but also because the job that you need to fill will remain open — which could put your small business at risk of survival. As noted above, speaking with a qualified attorney is your smartest and safest course of action.
