In recent months, global demand for skilled labor has consistently exceeded the supply, creating critical labor shortages. In this environment, the search for qualified candidates oftentimes may move beyond borders to include recruitment of foreign talent. At the same time, uncertainty surrounding U.S. immigration, including longer government processing times and a lack of visibility into the process, could impact the recruitment of foreign talent. However, by establishing a robust and proactive global mobility program that navigates these legal challenges, and operates as a benefit for foreign nationals rather than a means-to-an end for employers, businesses can develop a strategic advantage in the competition for global talent.
U.S. immigration laws and implementing regulations offer a number of employment-based non-immigrant and immigrant classifications, depending on the foreign national’s credentials, their employment history, and their proposed U.S. roles. Each classification also has its own eligibility criteria, evidentiary requirements, and timeframes for obtaining approval from the U.S. government.