It depends. If they already have H-1B status, you may be able to have them start work the day the change of employer petition is filed. If they have another form of work permit, such as Optional Practical Training (OPT), they may begin work immediately, but you must ensure the visa petition you file is approved before the other type of work permit expires.
International Recruitment & Pre-Hire Advising
International Recruitment & Pre-Hire Advising in New Mexico
You found a great candidate to join your organization, but she reveals she will need visa sponsorship. You have no idea where to start. We can help. We advise employers in pre-hiring decisions to give both the employer and the candidate a thorough overview of the process. This pre-hire planning helps onboard new employees without delay and sets reasonable expectations for all involved from the beginning of the relationship.
Much of what an employer can and cannot do to petition for a foreign national employee depends on the status and immigration history of the individual. Not all foreign nationals are situated in the same way. We fully evaluate the candidate’s immigration situation so both parties can plan accordingly.
Have questions?
Our experienced immigration attorneys can provide a full immigration analysis so you can make good employment decisions.
Trusted Guidance Through
The Immigration Process
Trusted Guidance Through
The Immigration Process
- Schedule your consultation
- Provide us with your information and documents
- We take care of the rest
Frequently Asked Questions
Frequently Asked Questions
We found the ideal candidate, but we want them to start in two weeks. Can we do that?
Should I even consider foreign national candidates? The process seems so daunting.
The process can indeed be very daunting, but with proper immigration legal help, it consumes very little energy on the part of employers and HR professionals. In addition, you may be violating the law if you discriminate based on national origin.
Is the H-1B visa the only option I have when considering foreign talent?
No. Professionals from Canada and Mexico are eligible for the TN visa, which is much easier to obtain. Also, many candidates are eligible for other types of visas, such as O-1, E-3 (Australians), etc.
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