Understanding the H1 Market

Companies looking for hard to find tech skills often consider turning to the H1-B visa program to find foreign workers to fill their positions. While the program can connect businesses with highly skilled candidates, it isn’t without a level of risk. Aside from the strict requirements for bringing in H1-B workers, there is also a chance the person you believe you are hiring isn’t actually who you are getting. Here is some information about what to look out for when hiring from the H1 market.

Misleading Resumes

While anyone may decide to include inaccurate information on their resume, reviewing one provided by an H1-B visa holder can be more challenging than a U.S. worker. Often, it is more difficult to verify their education and experience are correct when it was obtained outside of the country. You may not be able to gain access to certain records or be unable to discuss the candidate with references due to language barriers. This means a cooked up resume can be harder to spot and can lead to you bringing in a new hire that can’t actually do the work.

Subcontracting

Many companies benefit from allowing employees to work remotely, and H1-B candidates are also eligible for such arrangements. However, there is a risk that the person you hire isn’t going to be the person doing the job if they aren’t coming into an office.

While this risk is present with U.S. citizens and permanent residents as well, it is harder to verify who is actually doing the work if the H1-B employee isn’t in the same country as the business itself. This means you could be paying wages to an individual who simply subcontracts the work to someone else.

Hiring Rules

The H1-B program is intended to help employers who need to fill STEM-related positions with skilled workers when there aren’t suitable American candidates. This means the person must possess a capability that isn’t available through job seekers in your area. If you attempt to hire an H1-B candidate to fill a position that could be occupied by a U.S. citizen or permanent resident, or displace an American worker for a lower-cost H1-B employee, you are considered in violation of the law.

The rules surrounding when it is or isn’t legal to hire an H1-B visa holder are complex, and the hiring decision can be reviewed at any time to determine if the decision was appropriate. This means strong records must be maintained supporting the choice, and they are always subject to federal review.

The simplest alternative to the H1-B program is to find an individual who is a citizen or permanent resident who is authorized to work in the U.S. If you would like assistance in your search for high-quality job candidates, The Squires Group has the recruiting expertise to help you find the ideal candidate. Contact us today to see how our services can make your recruitment efforts more effective in today’s job market.


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