Job Doc
Attorney Faraz Qaisrani shares his expertise
Q: I run a small but growing tech firm outside of Boston. We are hitting roadblocks when we are trying to hire new developers. I know many of our competitors are hiring developers from other countries, like India. I am not sure how this is done. I belong to a roundtable of tech CEOs, but we are all small but growing. Can you explain the process of hiring someone from India and then moving them here?
A: Massachusetts, especially in the Boston area, is a tech hub, and the demand for skilled professionals far exceeds the supply. There are a number of factors which have contributed to this talent crisis. Many tech companies are growing, and their tech needs are evolving. When a company grows, they often continue to hire. With a growing need and a limited supply, it is a perfect storm for a talent shortage. Additionally, housing is expensive in Boston. As tech hubs pop up, in lower cost areas, developers can consider roles where they can buy a home vs. renting a small apartment in Boston. Remote work has changed that a bit, but the hiring challenges persist. Finally, it is competitive! You are competing with other companies in the Boston area.
One option for expanding your talent pool is to explore hiring developers from other countries.
I consulted an expert in hiring talent from other countries. Faraz Qaisrani is a Business Immigration Attorney with Greenberg Traurig, LLP, an international law firm with over 45 offices worldwide. He explains: “Many employers don’t hire foreign talent directly from their home country unless they are relocating from a foreign office to the company’s US entity. Notwithstanding technology companies whose business model is to outsource information technology human capital to their clients, many employers begin their employer-employee relationship with an international student. When this student graduates from a US college or university, these students are typically on an F-1 student visa.” Students with this visa status can work for one year after graduating. Students who are hired by an employer in a STEM (Science, Technology, Engineering, or Mathematics) role can work in the US for a total of three years after they graduate. “Beyond these time periods, an employer can hire these employees using a different type of VISA called an H1-B,” shares Qaisrani. You may have heard your fellow CEOs discussing hiring H1-B employees. An H1-B visa is a type of visa which allows a company to hire an employee for a longer period of time. Hiring an H-1B worker can be challenging, and often requires a trusted attorney to manage this process. According to Qaisrani, “The frustrating part about the H-1B visa is that private sector employers H-1B are subject to a lottery each March and the individual employee must get selected from this lottery.” Qaisrani estimates that in recent years the chance of getting selected is around 20-30%. Further there is an expense to hiring an H1-B employee. The cost can vary but H-1B petitions cost employers at least $6,000 in legal and government filing fees, but exact costs vary depending on the size of the business and whether the H1-B hire has dependents. It is important to understand that an employer must ensure that hiring the H-1B worker will not negatively impact US workers. An employer is required to post relevant details regarding the H-1B employment and make pertinent information publicly available (e.g., specify the wages being paid to the foreign worker). The employer must demonstrate that this hire will not distress US workers’ wages. Specifically, the employer must submit a Labor Condition Application (LCA) with the US Department of Labor before they can petition for an H-1B for a qualified individual. If the Department of Labor certifies the LCA, only then can the employer pursue the H1-B route.
Additionally, employers can pursue hiring individuals using an 0-1 visa. To qualify for an 0-1 visa must demonstrate “extraordinary ability” in their field. Some examples of those who might qualify for an 0-1 visa are top scientists, who have been recognized nationally or internationally in their field.
Attracting and retaining talent is a challenge in Massachusetts. Our unemployment rate has been hovering around 3.5% over the past year. Employers are required to consider a range of hiring sources to keep up with the demand for talent.
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(Except for the headline, this story has not been edited by PostX News and is published from a syndicated feed.)