Why Recruit a Foreign National Workforce?
Hosting an international and diverse workforce can give any company a huge leg up in an increasingly global economy. The broad range of perspectives and varying points of view that an international workplace offers can be invaluable for fueling innovation and creative solutions. The workplace culture will also benefit from an open and accepting environment.
Oftentimes, hiring foreign national employees can be a matter of necessity. For instance, international employees can fill the gap in roles where there is a labor shortage in the United States. In particular, industries like science, mathematics, technology and engineering struggle to recruit the qualified personnel needed to fill the positions.
Specialized regional knowledge and language ability can be another reason to look outside of the country when hiring. When working on an international scale with foreign clients, it is invaluable to have an insider on the team who understands the culture and market of another part of the world on a different level and can communicate effectively with foreign clientele.
What Are the Legal Requirements?
Whatever the reason for recruiting a diverse international workforce, it is important for employers and recruitment professionals to keep in mind that there are specific legal requirements surrounding the recruitment process.
It is also important to consider that failing to comply with these strict and complex procedures can have very serious consequences, so it is crucial that CEOs, managers, leaders, and talent acquisition professionals understand exactly what is expected of them when they hire international workers and are prepared to follow through on everything that is entailed.
One of the first steps when it comes to obtaining employment-based green cards in America is getting a Program Electronic Review Management Labor Certification (P.E.R.M. Certificate). This type of certification essentially functions as a necessary prerequisite to employees obtaining a green card.
The reasons behind this process are intuitive and sensible:
- To establish that the employee intends to pay a fair wage for the position
- That the labor market in the United States will not be negatively affected by an employer’s decision to hire abroad
That said, the process of obtaining certification for foreign national employees is complex and there are a lot of things to take into account. For example, the company will be required to abide by PERM advertising requirements and post advertising for the position in the Bay Area in order to establish that they were unsuccessful in recruiting a qualified U.S. worker for the same position before they can follow through with the process.
Before committing to the process of recruiting abroad, here are some of the key points that all employers must carefully take into consideration.
Three Key Things to Keep in Mind When Recruiting Foreign National Employees
1. Expect Everything to Take Some Time
No matter what, expect the process of recruiting employees from out of the country to take a while. It is completely unrealistic for employers to post immigration ads in the Bay Area and be hiring the next week, so hiring outside the country is almost never a realistic solution when it comes to needing to fill a position in a hurry.
To be safe, it is best to budget at least a few months, and even up to a year to fill positions requiring foreign labor.
2. Be Aware of the PERM Advertising Requirements in the Bay Area
Before an employer can nominate a foreign employee for a green card, they need to prove that they have advertised for the position and were unsuccessful in finding a qualified American worker to fill the position. This process is easier said than done, and can be overwhelming.
This is why it is always a smart idea to get an experienced recruitment team on board who knows how to post legally compliant immigration ads in the Bay Area. It will not only make any employer’s job a lot easier, but it will ensure that the company doesn’t unintentionally overstep the law.
3. Be Prepared for Scenarios That Can Impede the Process
There are lots of scenarios that can impede the process of obtaining a green card, and every employer who would like to get foreign employees on board should be aware of potential roadblocks so that they can make the best decision possible for their company and their bottom line.
Here are just some of the scenarios that might slow down or halt the sponsorship process:
- If the employee gets the green card after the certification has expired
- If there are major layoffs in the geographical region where the company is located for a position similar to the one that is to be filled by a foreign employee
- If there is a salary hike for the position in question
The above situations are just a few potential scenarios that an employer should be prepared to come up against. More often than not, these types of roadblocks will necessitate starting the process over again, so it is important to be aware of the timing of the application process and stay on top of developments in the field.
The fact of the matter is that with a lot of these situations, there is often little that can be done than to start over, so it is important to budget extra time for potential setbacks to avoid getting caught off-guard if something unexpected does come up.
The Takeaway
There are some great perks to employing a diverse and international workforce, but it is absolutely crucial to understand what to expect during the hiring process in order to stay within the bounds of the law. PERM advertising requirements in the Bay Area do not always need to be followed depending on the reason for hiring, but more often than not, they do.
The best way to find out what kind of legalities must be abided by when hiring foreign national employees is to check in with a recruitment agency who can assess the situation and help walk potential employers through the process step by step. By leaving the job posting requirements to qualified professionals who know the legalities in and out, potential employers will be taking a lot of weight off their shoulders.
