Hiring Technology Workers from Overseas (Form ETA-9035, ETA-750A, ETA-750B, and ETA-790)

Are you contemplating hiring foreign-born employees? There is a lot to consider before starting the labor immigration process. Consider the following:

Planning

  • Outline the objectives, benefits, risks, and costs of hiring from abroad. Consider your hiring deadline and compare with the time it takes to process your foreign hire.
  • Research how and whereto begin the process of hiring overseas
    • Consider which markets to target and then research which job boards are the best for recruiting your candidate in that area. The local Employment Office may be a good place to start
    • Research what you need to qualify to sponsor an overseas candidate. Visit the U.S. Citizenship and Immigration Services (USCIS) website to begin researching.
  • Determine the specific skills, competencies, and qualifications necessary to perform the job and how they will translate cross-nationally.
  • Pre-assess candidates using internet-based resources
    • Video interviews on platforms such as Skype have made communication across borders much easier …and inexpensive
  • Consider the logistics of bringing a foreign-born worker to the U.S. How will the transition be to a new country?
    • Assist in finding accommodation or housing including costs, proximity to work place, and other amenities in the surrounding area
    • It would be helpful to include a map in a “welcome package” for the new employee to become acquainted with the area and all the “essential” places of daily life: WiFi center, Post Office, grocery stores, laundromats, public transportation spots, etc.
  • Determine the level of language competency required for your candidate to perform the job.
    • There are English Language Centers around the globe that can assist in more accurately assessing the levels of competency in the areas of Reading, Writing, Speaking, and Listening.

Procedures for Hiring Technology Workers

  • Legal procedures to initiate foreign labor hiring process:
    • Department of Labor (DOL) -labor certification
    • U.S. Citizens and Immigration Services (USCIS) -petition for visa once labor certification is approved
  • Foreign Labor Certification
    • Necessary to prove that a foreign hire will not negatively affect job opportunities, wages, and working conditions of U.S. workers
  • Documents and Forms
    • H-1B Nonimmigrants Application (form ETA-9035)
    • Alien Employment Certification Application (form ETA-750A)
    • Alien Employment Certification Application (form ETA-750B)
    • Alien Employment Certification for Agricultural services Application (form ETA-790)