I Found a Highly Skilled Worker, but She’s From a Different Country. Can She Work for Me? What Are My Options?

One aspect of globalization and technological renaissance is the increasing demand for highly skilled workers. Not that long ago businesses recruited primarily from the city or county. If the business was more professional or demanded a certain skill set it might recruit from state universities. Today, workers with highly technical skills like your STEM degrees and skilled tradesmen are sought after by businesses of all types, sizes and locations.

Enter the world of immigration and work authority. Every employee in the U.S. needs work authority. Foreign nationals attending college in the U.S. can obtain limited work authority while they are in school and for a period of time after they graduate, so long as they are working in the field of their degree. There might also be visas that are available to apply for on behalf of the foreign highly skilled worker. The category of the visa will depend on the person’s skills, education, and country of origin, among other potential factors, so there might be an option to secure work authority for them through the visa route. Additionally, the company could sponsor the person for a Green Card. The Green Card might not be practical if you need the person to begin working immediately for the company, but it is an option worth exploring.

Thompson Coe and myHRgenius Tip of the Week is not intended as a solicitation, does not constitute legal advice, and does not establish an attorney-client relationship.