Why hire a diverse workforce?

Diversity is more than just a buzzword; it’s essential for the success of businesses across all types of industries as they compete in the global market. Research has shown that diverse teams solve problems faster than homogenous teams at work. A report from McKinsey & Company found that companies with racial, ethnic, and gender diversity are more likely to have higher financial returns than the national average. The list of benefits goes on, but one last advantage worth mentioning, diversity is shown to increase innovation which leads to company growth. 

There are many types of diversity that are relevant to workplaces. When you mention diversity in the US, most people think of racial or ethnic diversity. However, diversity also includes other facets of identity. There is gender diversity, age diversity, religious diversity, neurodiversity, and more. Having employees who are international and/or multilingual are also forms of workplace diversity.

How to hire a diverse workforce

There are many ways to attract or find a diverse pool of talent. Maybe you have a great brand that naturally draws top-notch candidates. Maybe you work with nonprofit organizations or universities to find potential employees. Another way to hire diverse talent is to utilize job boards that prioritize diversity, which often serve as go-to-platforms for diverse candidates seeking opportunities. 

When choosing which job boards to post on, think about why you want a diverse workforce and what factors of diversity you are prioritizing. For example, you may want to improve workplace culture, build or manage relationships with multicultural clients, or hire people with specific backgrounds that are relevant to your products or services.

5 job boards to hire diverse talent

Diversity.com

Diversity.com is a Black-owned business that has been in operation since 2000. According to their website, it is a job board for “all women and men of color and everyone impacted by employment discrimination based on age, military status, sexual orientation, abilities, gender, immigration, employment history or religious preferences”. Today, they are one of the largest diversity job boards online.

Career Contessa

This job board is specifically for women. Career Contessa also offers career coaching and on-demand courses designed by women, for women. Their network has grown to over 150,000 female and non-binary professionals making them more of a community than just a digital job board.

Professional Diversity Network

This is the largest diversity recruitment platform in the US. It includes job boards specifically for black talent, women, LGBTQ talent, Hispanic talent, and Asian talent, and the network allows employers access to many different types of diverse workers in one place. The Professional Diversity Network also hosts virtual networking events so that you can connect directly with potential candidates.

LGBTconnect

This job board is specifically for LGBTQ talent. Post here to show potential employees that you support the LGBTQ community. Employers can also add extra features to make their job posts stand out and reach more potential candidates. These include spotlights and being a featured company.

Jopwell

Jopwell is for Black, Latinx, and Native students and professionals. In addition to direct connections with talent, Jopwell partners receive support with marketing, branding, and community presence to help attract even more diverse talent. Jopwell boasts a high response rate from candidates who apply to positions with partners.

For a different type of job board, join the Interstride Employer Portal

Interstride’s Employer Portal is a free job board for you to post jobs and internships to 150K+ international students from 180+ top US universities like Harvard, Columbia, and Stanford. The majority of the job seekers using Interstride major in computer science, business, or engineering. Many of our job seekers are multicultural and multilingual, and some have international work or internship experience.

The post 5 job boards to post on to attract diverse talent appeared first on Interstride.

Higher education employers are constantly on the lookout for talented professors, researchers, and administrators to join their teams. Sometimes, the options may seem slim, but there is a new hiring solution available to higher education employers in the U.S. Fragomen and Talent Beyond Boundaries (TBB) are partnering to help connect higher education employers with highly-skilled refugees looking to relocate to the U.S.

What Is TBB?

TBB pairs highly skilled refugees with U.S. higher-education employers. The organization helps employers find quality employees to fill shortages while also helping refugees who need opportunities to relocate.TBB is already successful in Canada, Australia, the U.K., and the European Union. 94% of employers who recruited with TBB said they would recruit with them again. 100% of employers surveyed by TBB said they would recommend this program to other employers.

TBB partners with many employers, not just higher education employers. However, this post will focus specifically on higher education employers for teaching and non-teaching positions who are interested in hiring refugees. There are several visa sponsorship options available for higher education employers that make them great candidates for hiring through TBB.

Where Do Candidates Come From?

TBB has its own database called the Talent Catalog with more than 65,000 refugees signed up so far. 11,400 candidates currently have professional levels of English or higher. The most represented countries are those with high numbers of refugees including Syria and Palestine.

Below are some fields with high numbers of professionals currently signed up:

How It Works

The process of hiring an international employee with TBB is streamlined to make it as easy as possible for the employer. Let’s break it down into five clear steps:

1. Defining the job role – The employer provides a job description for the role(s) they want to fill.
2. Recruitment – TBB provides a shortlist of suitable candidates and facilitates the remote recruitment process. The employer interviews candidates and issues job offer(s) and employment contract(s).
3. Visa application – Fragomen supports the visa application for the employer and the employee. TBB monitors the process to ensure smooth visa processing.
4. Integration – TBB helps the employer prepare for the employee’s arrival in the U.S. TBB also connects employees with services as needed to ensure their transition to the U.S. is smooth.
5. Post-arrival – TBB provides continued support to the employer with 12 months of regular check-ins with our direct manager. TBB can also arrange culture awareness training for staff if needed.

Employer Responsibilities

TBB is available to work with the employer to create a plan for how to meet the following employer responsibilities:

• Visa-related costs
• Required documentation for the immigration process
• Arrival support for the employee
• Support with transitional housing if needed
• Informal orientation for the employee
• Communicate regularly with TBB
• Willingness to understand the refugee’s situation

Top Visa Options for Hiring Refugees

Once a candidate is chosen, TBB will work with the employer and any legal counsel to find the best immigration pathway. The best option is different for each circumstance – based on the job description and the candidate. Options include:

• Humanitarian pathways
• Temporary (non-immigration) visa pathways
• Permanent immigrant pathways

The H-1B Visa is the best option for most colleges and universities employers. They can sponsor international employees more easily and quickly than many other employers because they are exempt from the H-1B visa cap lottery. There is no limit to the number of international employees these employers can hire in a year.

A Snapshot of the H-1B Visa

Access a Hiring Pool of Highly-Qualified Professionals

Higher education employers can now hire refugees who are seeking to relocate to the U.S. with the help of Talent Beyond Boundaries (TBB) and Fragomen. Fragomen is the largest and oldest immigration firm in the U.S. They can help you smoothly navigate the process of hiring a refugee from another country. Not only will you be able to find excellent new talent for your institution, but you will be helping someone who needs a fresh start and bringing more diversity to your campus.

The contents of this post are intended for informational purposes only and do not constitute legal advice.

The post Refugee labor mobility: A unique hiring opportunity for the higher education community appeared first on Interstride.

This blog post was co-authored by Aaron Blumberg, Partner & Attorney at Fragomen, and Andrea Huerta-Rodriguez, Associate at Fragomen.

Colleges and universities can hire international employees as professors and/or researchers by sponsoring them for permanent residence in the US. There is a special immigration pathway for teaching positions. Fragomen experts have explained exactly how higher education employers can sponsor faculty for permanent residence.

Green card basics

Permanent residents are immigrants who come to the US permanently. They are also referred to as green card holders. They have the same rights as a US citizen except they cannot vote and can only sponsor certain family members. Spouses and unmarried children under 21 can be included as dependents in the green card application. Check out Interstride’s blog for more info on family sponsorship options.

The green card pathways are:

• Family
• Work
• Diversity lottery
• Asylum

This blog will focus on work (or employment-based) green cards. However, international employees can file multiple green card applications simultaneously, which means they could potentially file a family-based application and an employment-based one or have two employment-based applications filed under different categories at the same time because the processing times may be quicker for one than another.

Employers can file and sponsor international employees for current or future employment. Processing times for green cards are based on country of birth (not country of citizenship). There is a limit on how many green cards are given out each year to people in each country. Visit the USCIS Visa Bulletin for current processing times. These are only released on a monthly basis.

The recommended pathway to a green card is via an H-1B first. However, this is not required—just highly recommended. There is also no requirement to be present within the US physically or for a certain period of time. Green cards must be renewed every ten years. Permanent residents can also apply to become US citizens after 3-5 years. Lastly, green cards can be taken away in rare circumstances, such as criminal issues.

Types of employment-based green cards for faculty

There are a total of five employment-based green cards in the US, but we will focus only on the ones that are relevant for higher education employers.

EB-1A: Persons of Exceptional Ability

The EB-1A green card is similar to the O-1 temporary visa but more stringent with a higher standard to prove. It is difficult to get approved for an EB-1A. The employee must show they are top of their field and are internationally recognized for their “exceptional” contributions/accomplishments, which is established by meeting 3-of-10 criteria. This category can be self-petitioned, which means the employee can pursue this on their own and employer sponsorship is not required. This makes the EB-1A a good option for post-docs in temporary positions.

EB-1B: Outstanding Professor or Researcher

EB-1B is specifically for professors and researchers. It is slightly easier to get approval for than EB-1A, but it’s still not an easy category. However, the processing is faster than EB-2 and EB-3 green cards for those born in India and China.

To qualify for an EB-1B green card:

• The candidate’s work must be internationally recognized as an “outstanding professor or researcher”.
• The candidate must have at least 3 years of relevant teaching or research experience.
• The candidate must meet 2-of-6 criteria.
• The sponsorship must be for a full-time permanent tenure-track teaching position or comparable, permanent research position.

EB-2: Professional Positions That Require an Advanced Degree

The EB-2 green card is for positions that require an advanced degree (master’s degree or higher) or a bachelor’s degree with 5 years of post-baccalaureate relevant experience. The focus of this green card category is on the position’s requirements—not the international employee’s degree/qualifications. For example, you cannot sponsor an international employee for an EB-2 green card for a job that doesn’t require a degree—even if the employee has a master’s degree.

When you apply to sponsor an international employee for a teaching position, you will use Special Handling PERM. This process has a higher acceptance rate and faster processing times than a Regular PERM case. All non-teaching positions under EB-2 require the Regular PERM process unless filing under the National Interest Waiver (NIW) category, which is a completely separate process.

The EB-2 NIW is for those with exceptional ability or an advanced degree, whose professional endeavors or activities will benefit the United States. No labor certification is required for an NIW, which means faster processing. International employees can also self-petition for an NIW, so employer sponsorship is not required. Like the EB-1A, this is a good option for STEM PhDs, postdocs in temporary positions, or other professionals without permanent job offers.

EB-3: Skilled Workers and Professionals

EB-3 is for jobs that require only a bachelor’s, associate, or experience only. This category is less common for professors since most faculty positions require an advanced degree. In the case that EB-3 is used, the Regular PERM process is required for all non-teaching positions, and Special Handling PERM is required for teaching positions.

What is PERM?

Most university faculty positions have to go through the PERM Labor Certification Process. PERM does not stand for permanent residence; PERM stands for, “Program Electronic Review Management,” which is also known as “Labor Certification”. PERM is the first-of-three steps of the green card process for certain types of employment-based green cards.

PERM Labor Certification is filed by the employer with the US Department of Labor (DOL) through the PERM online system. Regardless of whether the Regular or PERM Special Handling is required, the PERM labor certification application must still be submitted and approved before an I-140 (Step 2) green card petition can be filed. For green cards that do not require PERM, including EB-1 and EB-2 NIW, the first step will be to file the I-140 green card petition.

PERM special handling for teaching positions

Special Handling PERM is exclusively for college and university professors, lecturers, and/or those with teaching duties. This “modified” PERM process was statutorily created to help universities attract the best teachers, and in turn, help attract the best students. Special Handling simplifies the PERM process to make it easier for universities. It also has a higher approval rate than regular PERM.

To qualify for PERM Special Handling, employers must show that the applicant is “more qualified” than any US applicant (i.e., US Citizen or Lawful Permanent Resident). This standard is subjective in this case. The employer can use the international employee’s publications, experience, rank, teaching style, etc. to prove they are more qualified.

The job offer must be for a full-time, permanent position. It does not need to be for a tenure-track position. The position must include teaching duties; however, the DOL uses a broad definition of teaching. Positions that may qualify for PERM Special Handling include librarians who teach faculty and students how to use library resources and advisors who teach in some way as part of their role. In other words, any position with some teaching component may qualify for PERM Special Handling.

Lastly, the employer must maintain a PERM Compliance report, which summarizes the recruitment process and provides justification for why the international employee was the best person for the position. If the case is randomly audited, you must be prepared to submit:

• A copy of the prevailing wage determination previously obtained for the case
• Notice of filing that was posted for at least 10 business days
• A recruitment statement explaining why the foreign national is more qualified than all the US workers who applied, if any
• The offer letter to the applicant
• A qualifications statement explaining the international employee’s educational and professional qualifications
• At least one ad posted in a national professional journal

The ad you submit can be the original ad used for the job opening as long as it meets these requirements:

• If online, must be posted for at least 30 days and not behind a paywall
• Must be run within 18 months of the offer letter being issued – If you miss the deadline, you must run another ad and reissue a new offer letter in accordance with those new recruitment efforts.
• Ad must include job duties, requirements, and how to apply
• Should not include a salary or salary but if you do, make sure it meets or exceeds the prevailing wage. (You may also want to consider adding other language in lieu of the salary/salary range, such as “Will be discussed with the applicant.”)

Regular PERM for non-teaching positions

The Regular PERM process is used to sponsor international employees for all other professional positions, including non-teaching positions at colleges and universities in the United States. The sponsorship must be for a full-time, permanent position. The Regular PERM process is similar to Special Handling but requires six ads rather than one. The employer must also show there are no other minimally qualified US workers (i.e., US Citizens or Lawful Permanent Residents) who are ready, willing, and able to accept the job offer.

Standard PERM

Green card steps after PERM

After the PERM process is complete (i.e., received Labor Certification from the DOL), there are two more steps (I-140 and I-485) needed to complete the employment-based green card application process. As mentioned above, if you are applying for an EB-1 or EB-2 NIW, you will skip labor certification and start directly with Step 2 (I-140).

Step 2: I-140 Immigration Petition

• Employer files Form I-140 with USCIS
• Employer shows that international employee meets the requirements for the job
• Employer shows that they can pay the required salary for the position

Step 3: Adjustment of Status (AOS)

• Form I-485 filed with USCIS if the international employee is within the United States. If not, the application process will proceed via consular processing abroad
• International employee’s eligibility for a green card is confirmed, including work history, family history, criminal record, etc.

Check the employment-based visa bulletin to see when to file (i.e., when Priority Date (“PD”) is currently (or becomes) current). The PD is the date you filed the first part of the green card application, which will either be the PERM or the I-140. Employers cannot file the I-485 unless/until the PD becomes current for the appropriate category under which you are filing the green card (i.e., EB-1, EB-2, EB-3, etc.)

Green card application process timeline and costs

The PD, the type of green card, and your country of birth determine how long it will likely take to obtain your green card. Some people will not have any wait times. People born in India or China will likely have longer wait times.

Average wait times based on country of birth

PDs are updated/released once a month on the Visa Bulletin. Once your PD is current, AOS or consular processing takes approximately 6 – 24 months. The Regular PERM process takes 17 – 21 months, on average, for all three steps. USCIS’s processing times for Form I-140 is approximately 4 – 8 months. Premium Processing is available only for Form I-140, for an extra fee of $2,500. PPS expedites USCIS’s processing of the I-140 filed under EB-1 or EB-2 within 15 calendar days. For EB-2 NIWs, PPS expedites USCIS’s processing within 45 days.

Overall, green card processing times vary significantly every year, so these are just averages based on what we are seeing now.

The employer must pay all costs associated with PERM – legal fees and advertising fees. There is no filing fee involved with the PERM Process at this time. Fees for all other steps (I-140 & I-485) of the green card process, including application fees, can be paid by the employee, the employer, or both.

Get expert guidance on sponsoring faculty

Sponsoring faculty members with teaching duties for US Permanent Residence uses a specific system called, PERM Special Handling. This is a modified PERM process that makes it easier for higher education employers to hire international employees for teaching positions while still protecting US citizens and the economy. Fragomen’s attorneys are experts in US Immigration Law—specifically, US Business Immigration Law—and can lead you through the process, complete and file paperwork on your behalf, and provide guidance or strategize with you on unique situations so that you can hire and/or retain the best faculty from around the world.

The contents of this post are intended for informational purposes only and do not constitute legal advice.

The post Sponsoring faculty for permanent residence: PERM special handling & other considerations appeared first on Interstride.

This blog post was co-authored by Aaron Blumberg, Partner & Attorney at Fragomen.

The US has many visas for temporary workers or non-immigrants. In this post, we will focus on the most common employment-based US visa: the H-1B. This is an employer-sponsored visa, so it’s vital for employers to understand H-1B visas before beginning the hiring process for a foreign national.

What is an H-1B?

H-1B visas are open to professionals working in a specialty occupation who are sponsored by a US employer. The visa grants work authorization to a foreign national for up to six years. The visa holder can work part-time or full-time. To be considered a specialty occupation, usually a bachelor’s degree or higher is required. The H-1B is a dual intent visa, which means the worker can apply for permanent residency while on the visa if you wish to remain in the US long term.

H-1B visas are allocated using a lottery system for certain employers. Each year, there are  65,000 H-1B visas available for employers that have to apply through the lottery. 6,800 of those visas are set aside for professionals from Chile and Singapore. There is high demand for H-1B visas, so luck is a factor in this lottery system.

An additional 20,000 H-1B visas are available for those with an advanced degree from a US university. There is less competition for these visas, so it may be advantageous to recruit international graduate school students. The following employers are exempt from the lottery cap and can request as many H-1B visas as they need:

• Non-profit colleges and universities
• Non-profit organizations affiliated with colleges and universities
• Nonprofit and government research entities

How to apply as a sponsor for H-1B visas

Applying to sponsor employees with H-1B visas for the first time may seem overwhelming with the number of forms to complete and abbreviations to learn. To help demystify the process, we have broken it down into four easy steps.

• Register for the lottery in early March through USCIS. You will be notified if you are selected by the end of March. If you plan to hire more than one foreign national, you can register them all under the same submission. You can register up to 250 employees in one submission and complete as many submissions as needed. It costs $10 per employee you will sponsor to enter the lottery.
• Once selected in the lottery, get your Labor Condition Application (LCA) certified by the DOL. It generally takes eight days to process the LCA. You must notify current employees that the LCA was filed, and employees should be allowed to review it upon request. The purpose of the LCA is to prove that you can pay the prevailing wage for the specific occupation in that area and show that hiring an H-1B worker will not negatively affect American workers.
• File your H-1B petition with USCIS between April 1 and June 30. Here is the information needed to file:
  • Company name and address
  • Name, title, and contact information of authorized signatory
  • Documentation of your company’s operations such as an annual report or business model
  • Job title of the H-1B worker’s position
  • Address of the work site
  • Starting salary
  • Minimum requirements and detailed job duties for the position
• Pay H-1B fees to USCIS. The basic fees are approximately $960, and additional fees may apply to some employers. For an extra $2,500, you can purchase expedited processing so that your H-1B visa petition is granted within 15 calendar days. With standard processing, it could take up to eight months for the visa to be approved.

When can a foreign national Start Working in the US?

Once your H-1B visa request is approved, your new hires can start working on October 1st or later, but no sooner than that. If the employee is currently working for you under another visa status such as OPT with an F-1 visa, there may be a gap in their work authorization between the end of the authorized OPT employment and October 1st. International students who are on OPT or STEM OPT may be eligible for a Cap-Gap Extension so that they can continue working for you through October 1st.

Can I hire someone already on an H-1B visa?

Foreign nationals are free to change jobs in the US, so it is possible that you may want to hire someone who is already working on an H-1B visa for another company. To hire this worker, you must file an H-1B change of employer petition. If the employee was already subject to the H-1B lottery, they do not have to participate in the lottery again for the new job. An employee going from a cap-exempt position to a cap-subject position can be tricky. Contact Fragomen’s immigration experts for assistance.

Preparation for a change of employer petition takes about 2-3 weeks. Processing the change often takes up to six months, but the new hire can start working for you after the petition is filed with USCIS, before it is actually approved. You can also pay $2,500 for expedited processing. Lastly, keep in mind that the H-1B visa only lasts six years even if the foreign national switches employers.

H-1B amendments

To change the employee’s position, job site, or other material job details, you must file an amendment to USCIS. You should submit the amendment before making the change, but you don’t have to wait for approval to implement the change. As always, expedited processing is available for $2,500.

You may need to submit an H-1B amendment if your H-1B employee is:

• Given a promotion
• Given different hours such as switching from part-time or full-time
• Relocated to work in a different city or state
• Given significantly different job responsibilities

H-1B status and compliance

Employees who quit their job will have to leave the US within 60 days (or when their I-94 expires, whichever is sooner) or find alternative work authorization. You can hire someone with H-1B status who already left their previous job as long as it is still within the 60-day grace period.

When an H-1B employee leaves or is let go from your company, withdraw the H-1B visa by sending a letter to USCIS. If you fire or lay off the employee, you will be required to offer to pay for their return transportation to their home country. This stipulation does not apply if the employee leaves voluntarily.

There are a few other stipulations that employers must follow to stay in compliance with their H-1B status:

• H-1B employees cannot be placed on forced unpaid leave such as furloughs.
• H-1B employees must be eligible for the same pre-approved, voluntary leave of absences as other non-H-1B employees such as maternity leave.

International travel for H-1B workers

Employees on an H-1B visa must have a valid visa stamp in their passport to re-enter the US after traveling abroad even if it’s just for a holiday. Make sure to inform your H-1B employees of this when onboarding them. They should contact their legal counsel before they leave the country to ensure they will not get stuck outside the US.

The H-1B visa stamp which is utilized to re-enter the US must be obtained at a US consulate outside of the country (i.e. after the foreign national has already left the country). Some consulates have considerable wait times to get a new stamp. This could cause employees to miss work while they are waiting to return. Canadian citizens are exempt from this requirement and can travel freely with an approved H-1B I-797 notice.

Key takeaways for employers

The path to sponsoring H-1B visa holders can be complicated, and planning ahead is crucial. The deadlines are strict and if you miss them, you will have to wait another year before you can apply again. If you are selected in the lottery, be precise and thorough when preparing documents and applying to sponsor H-1B workers.

In recent years, the H-1B petition approval rates have been increasing, so if you meet all the requirements and are selected in the lottery, you have a good chance of approval. 97.3% of H-1B petitions were approved in 2021. Sometimes, DOL or USCIS may request additional evidence to determine qualification for an H-1B visa. Make sure to respond to requests for additional information promptly.

Because chances of winning the H-1B lottery are still low, it’s valuable to explore other options to hire foreign nationals. Alternative options include:

• Country-specific work visas: TN, H-1B1, and E-3
• Intracompany transfer visa: L-1
• Visas for treaty traders and investors: E-1 and E-2
• Visas for those with extraordinary ability: O-1
• Another academic program such as graduate school, which could provide CPT or OPT employment opportunities

Learn more about these alternatives to H-1B visas for international students and graduates from Interstride’s blog.

Fragomen can help you sponsor your first H-1B

Want more personalized guidance on sponsoring H-1B employees for the first time? Contact Fragomen for professional assistance. Fragomen’s experts have decades of experience navigating the complex US immigration system. They can complete the H-1B paperwork for you and advise you on compliance and your employee on their rights to ensure a smooth application process.

The contents of this post are intended for informational purposes only and do not constitute legal advice.

The post Sponsoring your first H-1B appeared first on Interstride.

This blog post was co-authored by Aaron Blumberg, Partner & Attorney at Fragomen.

Hiring an employee that needs sponsorship for a green card requires some extra paperwork but the benefits are plentiful. Offering sponsorship can help your business attract the best candidates from around the world. Additionally, green card sponsorship is needed if you want an employee to stay at the company longer than a temporary work visa would permit.

Types of visas in the US

There are two broad types of visas in the US — temporary and permanent. Visas for permanent residence are referred to as green cards. Green Cards can generally be issued based on the following categories:

• Family-based
• Employment-based
• Diversity visa lottery
• Asylum and other humanitarian-based options

While it is possible to apply for more than one type of green card simultaneously, this guide will focus only on employment-based green cards. Spouses and unmarried children under 21 can be added to the employee’s green card petition.

Employment-based permanent residence

As an employer, it’s important for you to have some understanding of the different types of employment-based green cards and the requirements for each.

EB-1: Priority Workers

The US approves about 40,000 EB-1 visas per year. EB-1 has the highest standard and requirements for any green card application and is reserved for a select number of individuals. There is no degree needed for this visa, but there are stringent requirements that vary depending on the EB-1 category (there are 3 EB-1 sub-categories).

If the candidate is a person of extraordinary ability in science, arts, education, business, or athletics, they must meet three out of ten criteria to demonstrate their abilities. For professors and researchers, three years of teaching or research experience is required plus two out of six criteria to demonstrate their outstanding accomplishments in their field. Multinational executives and managers need one year of experience as a manager or executive in the past three years. The experience must be from outside of the US, with a company affiliated with the US employer/sponsor.

EB-2: Advanced-Degree Professionals or Exceptional Ability

The EB-2 green card requires either an advanced degree, such as a master’s or Ph.D., or proven exceptional ability in science, art, or business.

EB-2 is a good option for professors seeking sponsorship for teaching positions because there is a particular green card process for teaching positions called EB-2 PERM Special Handling. Other occupations that require an advanced degree (lawyer, accountant, engineer, physician, etc.) could also qualify for EB-2.

The other unique option with EB-2 is the National Interest Waiver (NIW). EB-2 NIW is for those whose employment will benefit the US in some significant way, such as scientists and entrepreneurs. There is no labor certification requirement for the NIW which means faster processing times.

EB-3: Professional, Skilled, and Unskilled Workers

EB-3 is the most commonly used employment-based (EB) green card category. EB-3 is the best option for many employees who do not have an advanced degree. It has three subcategories with different requirements:

• Professionals – bachelor’s degree required
• Skilled workers – 2 years of training and/or experience required
• Unskilled workers – limited to 10,000 visas per year

Permanent residence petition process 

There are generally three steps to sponsor an employee for permanent residency:

1. PERM Labor Certification
2. I-140 Petition for Alien Worker
3. I-485 Adjustment of Status

For candidates applying for an EB-1 or EB-2 NIW green card, you can skip the PERM labor certification (Step 1).

PERM Labor Certification

PERM Labor Certification is a test that employers must complete through the Department of Labor (DOL) where they must prove that they are unable to find a minimally qualified US applicant for the sponsored position. There are generally some costs for completing Perm Labor Certification including job advertising and attorney fees. The employer is responsible for paying these. To help you understand the complicated labor certification process, we have broken it up into five stages.

Stage 1: Create a detailed job description for the position including the minimum education and experience required for the job. The job must be a full-time, permanent position. The job description should be generic, not geared towards the foreign national you want to sponsor.

Stage 2: The employee verifies that they meet the qualifications for the position based on the job description. They must also meet the general requirements for immigration to the US.

Stage 3: Submit a prevailing wage request. The DOL will provide a prevailing wage, which is the minimum wage that the employer must pay to sponsor a foreign national for this specific position. This is based on several factors such as the job responsibilities and location. 

Stage 4: Post required recruitment materials. There are usually six different job advertisements that must be posted so that potential US applicants can apply. The advertisements can help prove that there are no qualified and available US workers for the position.
Teaching positions are handled differently. The employer only needs to post one job ad, and there can be qualified and available US applicants as long as the foreign national candidate is the most qualified for the position.

Stage 5: Submit Form ETA-9089 electronically to file your completed labor certification. Processing time for this form is currently about seven to eight months.

I-140 Petition for Alien Worker

The I-140 form is filed by the employer to USCIS and must include the labor certification described above if applicable to the candidate’s visa. The form must also show that the foreign national meets the requirements for the job and that the employer can pay the required salary for the position.

I-485 Adjustment of Status

Adjustment of status is filed by the foreign national by submitting the I-485 form. This step confirms the employee’s eligibility based on their immigration history, criminal history, medical exam and other pertinent personal information. The employee should check the US Department of State’s employment-based visa bulletin to see when to file for adjustment of status. Candidates not currently in the US will need to complete consular processing in their country of residence rather than adjustment of status.

Tips for sponsoring employees for permanent residence

One of the biggest concerns that employers have about sponsoring employees is how long it will take before they are approved. Generally, it takes two to three years to get an employer-sponsored green card after the petition is initially started; for people who qualify under EB-1, these processing times are generally cut in half. Keep in mind that green card processing times are based on the candidate’s country of birth not country of legal residence and backlogs currently exist for individual who were born in India and China.
Another common employer concern is whether or not the individual can work for the employer while the green card application is processing and whether they can travel internationally if needed. Having a temporary, dual intent visa (such as H or L visas) before they apply for a green card is strongly recommended as this allows the employee to work, live in the US and travel internationally throughout the green card process. There are two types of dual intent visas – H-1B and L-1.

Streamline the process for sponsoring employees 

Fragomen’s immigration experts make it easy to sponsor employees who are foreign nationals. As the largest and oldest immigration law firms, we know the ins and outs of the complex US immigration system. We can help you and your employee determine which green card option is best for their specific circumstances and guide you throughout the permanent resident petition process.

The contents of this post are intended for informational purposes only and do not constitute legal advice.

The post Green cards: sponsoring employees for permanent residence appeared first on Interstride.

If you are a business executive or a hiring manager, we don’t need to tell you how tight the job market is right now. In the United States, there are about two job openings for every one person looking for a job.

But what you may not know is that there is an overlooked labor market eager to work in the US and in sophisticated economies worldwide. Who are we talking about? US-educated international students. 

What the numbers show

According to a May 2022 report from the Bureau of Labor Statistics, the United States recorded record job openings in March 2022, around 11.5 million. Hires for that month, however, only numbered about 6.7 million. 

That same report shows a growing demand for college-educated employees in high-skill industries. Openings by industry included:

• Health care and social services: 2.1 million
• Professional and business services: 2.1 million
• Manufacturing 860,000
• Finance and insurance: 370,000
• Information: 202,000

Not only are the vacancies unfilled, American students “are not entering those industries in sufficient numbers, and the United States is projected to face a shortage of one million STEM workers by 2022,” according to the New American Economy. This is where international students in in-demand skills come in. 

Untapped talent 

In any given year, there are about 1.1 million international students earning degrees at US colleges and universities. They come here because the global economy recognizes American degrees as the finest in the world, especially in the areas of science, technology, engineering, and mathematics. As part of their degrees, international students are legally authorized to work in the US for internships and full-time jobs; those with STEM degrees are eligible to work for up to three years after graduation, before any cost or paperwork may be required of the employer. 

Earlier this year, the US Chamber of Commerce CEO said that allowing more immigrants into the US would help mitigate inflation and labor shortage. “We need more workers,” Suzanne Clark said. “We should welcome people who want to come here, go to school, and stay.” While systemic immigration reform is needed, there’s nothing stopping employers from better tapping into the pool of students and graduates from top schools who are already in the US today and eager for opportunities.

Besides just filling vacancies in your organization, there are plenty of reasons why you should hire international students, including how they may serve your Diversity, Equity, and Inclusion initiatives.

The post Why hiring international students can help fill your talent gap appeared first on Interstride.

Recent events have shined a spotlight on the problem of systemic injustice in the United States.

The business community has responded admirably, with initiatives to help break down barriers and close the opportunity gap for those from underrepresented communities. While not often implicitly expressed, much of the focus around diversity, equity and inclusion (DEI) has been on tackling the biases that have disadvantaged domestic minorities for centuries.

When employers think about diversity, they often think about getting the right mix of African-Americans, Asian-Americans and Latino-Americans, for example.

We should all commend businesses for these efforts while also encouraging leaders to recognize international students in their DEI initiatives. International students, especially those of color, also face systemic barriers that deserve our attention. Furthermore, they act as a force multiplier in DEI, supercharging your efforts to build a high-performance team that approaches problems from multiple angles. 

Why diversity is great for business

Like your stock portfolio, diversity increases performance. In 2017 Boston Consulting Group surveyed 1,700 companies in eight countries to research the work benefits of diversity. The group’s study established that diverse teams drive innovation and that they produce 19 percent more revenue than their non-diverse counterparts. 

Hiring international students fulfills a whole host of diversity initiatives, from culture, to race to language and nationality, too. 

Cultural diversity

Cultural diversity is a bit of a catch-all. As such, when people talk about diversity in general, they are often talking about cultural diversity. That’s because, depending on your policies and definitions, it can includes such identifiers as:

• Age
• Gender
• Sexuality
• Race/Ethnicity
• Abilities and disabilities
• Military experience  
• and more!

The biggest benefit of cultural diversity is that it results in diverse thinking styles and experiences, the very qualities that can help your team solve a sticky problem, expand to other markets or develop new technologies. 

Racial and ethnic diversity

Representation matters. And a racially and ethnically diverse workforce accomplishes two objectives. First, it helps you recruit and retain the most talented people. When minority job prospects can see themselves in your existing workforce, they feel more welcomed. Second, it improves your outreach to clients and prospective clients for the very same reason. It’s about creating a welcoming environment for everyone. 

If this all sounds hypothetical, consider this: McKinsey & Company identified a company’s racial and ethnic diversity as one of the key predictors of financial performance. They found that companies in the top quartile for racial and ethnic diversity are 35 percent more likely to have financial returns above their respective national industry medians.

Linguistic diversity

Business is about building relationships. The more languages your company speaks, the more relationships you can build. 

Multilingual employees help expand businesses regionally and internationally. They can help recruit and train new staff. Some executives report that multilingual employees are naturally more creative and better problem solvers. 

Switzerland’s multilingual heritage gives the country a competitive advantage in business that economists estimate accounts for 10 percent of the country’s GDP. 

National diversity

The top 10 countries of origin of international students in the US span East Asian, South Asia, North America, South America, and the Middle East. Like linguistic diversity, national diversity is important, especially for international and multinational corporations. Employees who understand a country’s culture, language, politics and government can be incredibly helpful when it comes to expanding into new markets or better understanding your existing foreign markets. 

But isn’t it expensive and difficult to hire international students?

Perhaps one reason international students often get overlooked in DEI decision making is that there is a misconception that hiring them is a headache. 

This is one of the many common myths around hiring international students. For early career opportunities after graduation, there’s cost and action required, such as sponsorship to hire an international student for up to three years on OPT. 

The takeaway

It’s clear: international students represent all levels of diversity and should be part of your diversity and inclusion strategy. Whether in sourcing and engaging students, crafting your employer brand, and ensuring a positive candidate experience, designing for international students will pay dividends. 

The post Why hiring international students should be part of your DEI plan appeared first on Interstride.

As of March 2022, there were 5.6 million more jobs than there were available workers in the US. The unemployment rate is barely registering, hovering near record lows at roughly 3 percent. 

The Great Resignation that happened during the Coronavirus pandemic has created a historically tight labor market, with no end in sight. The shortage of workers has affected every industry and almost every business, resulting in delays for everything from hamburgers to high-end automobiles.

Yet, still, many American companies remain reluctant to hire international students and recent international graduates of American universities and colleges. The decision to overlook this sizable and talented pool of prospective employees is often based on bad information. 

Unfortunately, many hiring managers misunderstand the American immigration system, resulting in lost opportunities for both the companies and foreign nationals. 

Let’s take a closer look at seven of the most pervasive myths and why they are wrong. 

Myth 1: I need to sponsor their visa

For international students and recent international graduates, this simply isn’t true. That’s because these two groups are eligible to work in the US after graduation for up to three years on their F-1 student visas through a program called Optional Practical Training (OPT). 

The standard OPT is a 12-month work authorization program that permits international students in all career fields to gain professional experience without having to apply for an H-1B visa. In general, you must work in a job that is directly related to your area of study. 

A two-year extension of standard OPT is available to those who have earned science, technology, engineering or manufacturing (STEM) degrees. This includes a wide range of degrees, in psychology, economics, business, and more, and are not colloquially considered STEM but are nevertheless STEM-designated by the Department of Homeland Security. 

Each year, about 200,000 workers who came to the US as international students gain valuable experience through the OPT program, with about a quarter of those working under the STEM extension program. 

In 2022, President Biden expanded the STEM extension program to include 22 new degree programs. So there is a good chance that your company may be eligible to hire under the STEM extension. 

Myth 2: It’s expensive

Myth 2 is an extension of the sponsorship myth. Many employers think they must sponsor young international workers, which does require an investment on the part of the employer. 

But, again, sponsorship is not required for international students who are still in school or who have recently graduated. For those who are eligible to work through the OPT program, there is no additional cost to the employer when compared to hiring domestic employees.

Myth 3: It’s time-consuming

Again, the reason this myth is wrong is because of the invaluable OPT program. Because the program allows people to work under their student visa for a period of time, no additional work is required. 

All you must do is provide an offer letter, just as you would for a domestic job applicant. By educating yourself on the process of hiring international students, you can actually save yourself and international candidates time.  

Myth 4: I have to prove they are not taking jobs from Americans

No. First of all, with the job market the way it is right now, nobody is “taking” jobs from anybody. After all, there are about two jobs out there for every one person looking for a job. 

Nonetheless, even in a more normal job market, this is not true. Again, this myth is a misunderstanding of the OPT program, which has no such requirement. Employers must provide such documentation only when hiring and sponsoring foreign citizens for permanent resident status. 

Myth 5: I need a lawyer

Again, OPT is easy to navigate and does not require any additional work compared to hiring domestic workers. Therefore, you do not need a lawyer. 

Myth 6: They will leave

This myth poses a legitimate question: What happens after a student’s OPT work authorization runs out. Unfortunately, the myth comes up with the wrong answer. 

Most employees who came to the US as international students will not leave. Instead, they’ll apply for a new visa status through the H-1B program, which authorizes work for another 6 years. Admittedly, H-1B is a bit trickier for the company. This is when the employer must apply on behalf of the employee, with related costs ranging from $5,000 to $7,000, primarily in legal fees. 

Still, that’s a small price to pay to keep an employee that is already trained and now has experience under his or her belt, especially when a labor market is as tight as it is. According to recent research, the average cost to onboard a new employee is about $4,000. 

Even if H-1B doesn’t successfully go through or you choose a pathway other than H-1B, there are many other alternatives for you to retain your international talent. 

Myth 7: They won’t fit in

International graduates bring the best of both worlds. They had robust experience in the US academically through their degrees, socially through their lived experience, and professionally through various on-campus and off-campus internships. They also bring diverse perspectives from different cultural backgrounds – and for graduate students, often international work experience – that will add to your team. If anything, international graduates have tremendous adaptability. They understand how to adapt to new countries, cultures, and work environments. Recent research has discovered that 45 percent of Fortune 500 companies in the US were founded by immigrants or by their children. 

Whether they fit in is up to you more than it is up to them. 

It is also up to you to take advantage of international graduates as a valuable and diverse pool of skilled talent. 

The post 7 myths about hiring international students appeared first on Interstride.

This article was originally written by Interstride’s CEO, Nitin Agrawal, and published on the NACE blog.

For a long time, the United States has led all other countries as the top destination for international students. Our exceptional colleges and universities deserve a lot of credit, but you can’t overlook the allure of the American economy. Many come here not only to learn, but also to begin their careers.

This reality creates an inter-dependent relationship between academia and the business community at large. American companies need strong higher-ed institutions to serve as magnets for international talent. However, those same companies must keep up their end of the bargain by creating career opportunities for international students when they graduate.

Politics aside, the goal of this article is not to discuss whether immigration of skilled labor is good or bad. It is to encourage employers to continue to do their part to support this educational and economic network.

It starts with inclusive recruiting and hiring practices. Here are seven reasons why employers should hire recent international grads.

1. Most international students do not need visa sponsorship

Many employers assume an international graduate will need work sponsorship through US Citizenship and Immigration Services. The benefits to the employer of hiring the right person always outweigh the extra effort that come with the sponsorship process. Nonetheless, some employers shy away from sponsorship out of concern that it is a hassle.

However, international students who are enrolled at a university or who have recently graduated do not necessarily need sponsorship to work. After graduation, international students can apply for what is called optional practical training, or OPT. In a nutshell, OPT permits someone to stay in the country for up to 12 months on a student visa while working. Between 2004 and 2016, nearly 1.5 million people took advantage of OPT to remain and work in the United States.

After OPT runs out, those who have earned a degree in certain science, technology, engineering, or math fields can apply for a 24-month STEM OPT extension. OPT allows employers to take a chance on an international student or recent graduate for up to three years without filling out any additional paperwork.

After an employee has exhausted their OPT, they can apply for work sponsorship or petition the government for a green card that would allow them to remain in the United States as a permanent resident.

2. International graduates bring diversity

We all know the benefits of a diverse workforce, and they have nothing to do with meeting quotas or political correctness. Like your stock portfolio, diversity increases performance. In 2017, Boston Consulting Group surveyed 1,700 companies in eight countries to research the work benefits of diversity. The group’s study established that diverse teams drive innovation and that they produce 19 percent more revenue than their non-diverse counterparts.

When employers think about diversity, they often think about domestic talent. Hiring international graduates, however, can fulfill a whole host of diversity initiatives, from nationality to religion to language as well as to race and ethnicity.

Perhaps most importantly, international graduates bring diverse thinking styles and experiences, the very qualities that can help your team solve a sticky problem, expand to other markets, or develop new technologies.

3. International graduates are loyal

More than half of recent college graduates will leave their first job within a year, according to the US Bureau of Labor Statistics. Almost as if they are dating, young domestic employees tend to bounce around until they find a job that they consider to be a good match with their interests and career goals.

This is not the case, however, for international grads. Being here on a visa, whether it is a traditional six-year H-1B work visa or an F-1 student visa with an OPT extension, makes it less attractive for international employees to play the field. It’s not that they are prohibited from quitting a job; it’s just that doing so subjects them to a host of rules and reporting requirements. In addition, in some instances, such a move could jeopardize their immigration status.

Recent international graduates aren’t just loyal out of necessity or convenience. They are legitimately grateful of the opportunity their employer has extended to them, often more so than domestic hires are.

4. They’re hungry for work

If given the chance, 80% of international students would stay in the United States to start their careers after graduating. It makes sense for them financially. They just spent a substantial amount of money on a college education, and the return on that investment is better here than in an emerging economy where the wages are low. After all, many of them still have loans to pay.

The truth is, though, that the same 80% end up returning home mainly because of immigration hurdles and inability to find work.

5. There is limited competition for top talent

In 2018, the Wall Street Journal reported on a frustrating trend: More US companies began to advertise jobs with requirements that candidates be US citizens or legal residents. These companies blamed political uncertainty over the future of work visas in the United States. According to the article, one MBA graduate originally from Pakistan sent out 1,000 applications before finally landing a position as a senior financial analyst.

With new federal leadership, it’s time to quit leaving all this talent on the table. Don’t wait, either. Start recruiting now while the competition remains low.

6. Hosting international talent benefits the overall economy

Educating international students contributes $41 billion annually to the US economy. In fact, education is our fourth largest export, after cars, planes, and pharmaceuticals.

The number of international students in the United States at any given time is about 1.1 million, with around 300,000 new students arriving here each year to begin their educations. Simply put, the United States is the Holy Grail of international higher education.

The benefits to the economy don’t end at graduation either. Statistics show that larger numbers of OPT workers in the country correlate with a lower unemployment rate. Researchers think this correlation might be because those workers are driving the kind of innovation that creates jobs.

7. It ensures continuous talent flow

Like a championship basketball program, successful economies recruit from all over the place. But that process doesn’t start when talented international students graduate and start their job hunt. It starts with student enrollment. Right now, enrollment is down.

In the 2015/2016 academic year, 300,743 new international students enrolled for the first time at a US institution. By the 2018/2019 academic year, that figure had declined by 10%. The eventual result is an overall hiring pool that’s a little bit shallower.

Employers can do their part to help turn the tide and ensure we continue to attract the world’s best young workers. Actively recruiting and hiring international students goes a long way, but employers might also want to go a step further. Employers can reach out to colleges and universities in their region or that have degree programs in their areas of need to see how they can partner.

Setting up an internship program for international students or developing some other sort of college-to-workforce pipeline would prove mutually beneficial for the recruitment efforts of both university and employer.

Think about your own history. Whether you are the daughter of immigrants or the great-great-great-great grandson of immigrants, you owe a debt of gratitude to that person who overlooked an accent and maybe an unusual name and hired the first person in your family to set foot on American soil. As an employer, you have the opportunity to pay that good fortune forward while also reaping these seven benefits to hiring international talent. Take advantage of it.

The post Seven reasons why employers should hire international graduates appeared first on Interstride.