Understanding the United States’ H-1B visa cap, selection process, and what to do if an applicant is not accepted can be a challenging process. However, there are alternative international employment and talent retention options for employers who were not able to bring desired foreign talent to the United States for fiscal year 2019.
Velocity Global recently partnered with Fisher Phillips for a webinar that addressed challenges employers face and questions they have when their prospective employees are both selected and not selected for an H-1B visa, including:
- The H-1B application process and expectations
- What to expect if accepted
- What to do if an applicant is not accepted
- Alternative international employment options
- Talent retention with global mobility strategies
Check out the webinar in its entirety here.
Understanding the H-1B Filing Cap for Fiscal Year 2019
Jocelyn Campanaro, a Fisher Phillips partner, began the webinar by addressing the 2019 applications. For fiscal year 2019, the USCIS received a staggering 190,098 applications, far exceeding its allotted amount in the first week of the filing period. For those not accepted, the USCIS will reject and return applicants’ petitions and filing fees. However, there are cap-gap extensions for certain applicants; those with timely applications requesting change of status form F-1 OPT to H-1B qualify for this extension.
For those who are not selected, there are still some options. Some nationality-based options include the H1B1 for Chilean and Singaporean applicants, the E3 visa for Australian applicants, and the TN visa for Mexican and Canadian NAFTA professionals. She then discussed F1, L1, O1, and family-based options.
Alternative International Employment Options & Talent Retention with Global Mobility Strategies
Joanne Wee, Global Immigration Manager at Velocity Global, then began her discussion by addressing how an Employer of Record offers employment solutions for employers who were unable to bring foreign talent to the United States, highlighting that the traditional route involves options for either:
- Engaging the candidate as a contractor in their home country
- Sending the candidate to another overseas branch
- Letting go and losing the candidate
However, an Employer of Record allows employers to either:
- Hire the foreign candidate compliantly in their home country without the need for local entity
- Maintain talent with organization while waiting for next H-1B application window
- Hire the employee(s) 90% faster — within days
Questions to Keep in Mind
Joanne went on to note important questions employers should ask when determining whether the candidate will be classified as a contractor or an employee. These distinctions help employers determine whether an Employer of Record is the best solution for their needs. Further, Joanne highlighted the benefits of an international employee, including:
- Tax withholdings
- Social security and insurance contributions
- Pension payments
- Country-specific benefits that include profit sharing, 13th month pay, and bonus and housing funds
Joanne closed her discussion by addressing global mobility and talent retention, addressing how an Employer of Record can facilitate millennial retention, noting that overseas assignments attract young talent and offer an “internal career.”
Remember That You have Options Beyond the H-1B Visa
While it may seem like there are no alternatives when learning a potential employee’s H-1B visa application has been declined, employers still have options for working with these talented individuals. Curious about how Velocity Global and assist you with navigating your options for post-H-1B application rejections? Reach out to us today to learn more about how an Employer of Record can help you secure the brightest global talent.
Watch the full webinar here.