Recruiting Tips regarding H-1B

Alternatives to H-1B Visa

USCIS announced it has completed the annual H-1B selection process (“lottery”) for Fiscal Year 2024, with reports indicating a record number of registrations submitted. Each year, it becomes increasingly difficult to obtain one of the 85,000 H-1B visas allotted under the congressionally mandated cap. In light of the news, what other options do you have if you want to attract or retain your foreign talent?

First, you must understand the duration and limitations of your employees’ current visa status and evaluate potential opportunities to retain these talented individuals. For instance, some employees may be able to remain in the United States on their current visa to retry the H-1B lottery next year. Others may be eligible to change to another limited type of visa – such as TN, E-3, O-1, or, possibly, L-1 – if they can meet the specific eligibility requirements for those categories.

Other countries have taken advantage of the limitations with our cap process. They have expanded their visa offerings to include remote or nomad visa categories to attract foreign-national workers and individuals who do not “win” the H-1B lottery. Some countries, like Canada, have made it easier for highly skilled workers to obtain temporary work visas and even pursue permanent residence. Canada, Mexico, the United Kingdom, Germany, and Australia have increasingly become popular alternatives to the United States as they broaden their immigration horizons. This has, in part, contributed to our labor shortages.

All areas of business have been the victim of the labor shortage, but one that is particularly impacted is health care. The nursing shortage has been a persistent problem in the United States for decades, with experts predicting it will only worsen in the coming years. Many factors contribute to the nursing shortage, including an aging population, the retirement of experienced nurses, and an increasing demand for healthcare services. One potential solution to the shortage is immigration law, which can help bring in qualified nurses from other countries to work in the United States.

Several immigration options are available for nurses who wish to work in the United States. The most common options are the H-1B visa, the TN visa, and the EB-3 visa. In addition to these options, certain state-specific programs allow foreign nurses to work in those states. For example, the Health Professional Shortage Area (HPSA) program allows foreign nurses to work in areas with a shortage of healthcare professionals. The Conrad State 30 program allows foreign nurses to work in certain states for up to three years if they agree to work in underserved areas.

Another way other countries have capitalized on the pool of available foreign-national talent is the creation of digital nomad visas, which allow various periods of work authorization with attractive tax benefits and perks. Of course, these nomadic work arrangements raise other questions employers must consider, among other things:

• Will having an employee abroad raise the risk of your company becoming subject to local business taxation?
• How will you handle local payroll requirements and comply with local employment laws?
• How will your company deal with the employee’s tax liabilities, workplace injuries, insurance and benefit plans?
• How will you handle communications, data protection, and cybersecurity?
• What costs will the employee have to pay, and which will be borne by the company?

Recruiting talent is on course to maintaining, if not increasing sacristy of top talent. Looking at any and all alternative options, including immigration could be the solution if you review all state and federal programs at your disposal.

Completed Annual USCIS H 1B Selection Process Fiscal Year 2024 (natlawreview.com) & Nursing Shortage Helped by Health Care Immigration Laws (natlawreview.com)

Commentary by: Raylea Stelmach

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