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Employing foreign workers

Employers in California may benefit from understanding more about some of the major issues human resource departments deal with when transferring employees from overseas. Anyone interested in hiring employees from another country needs to ensure that human resources is in compliance with immigration laws while identifying, recruiting and hiring the talent. The main factors worth consideration include the foreign worker's education, previous experience, occupation, criminal history and previous immigration history.

Establishing whether the candidate has any previous refusals of entry, overstays, visa denials or a criminal history is paramount to determining if they will be eligible for employment in the United States. Immigrants with a criminal record may have their entry delayed, or they may be denied outright, depending on the nature of the offenses. Admissions of guilt may warrant more resistance, while an arrest without any conviction may just result in a delay.

People with refusals or denials on file may have their applications scrutinized more heavily by immigration officials. Immigrants who overstayed previously may be prohibited from reentering the United States for up to a decade. Management and specialized employees who already work for the U.S.-based employer might be favored and have a broader set of options available when they apply for the employment visa. Foreign-born workers with advanced degrees usually receive priority and may be eligible for long-term residency in the United States.

Anyone who needs more information about immigration law and employment visas may benefit from consulting legal counsel. Lawyers may be able to review the particular circumstances and guidance on how to manage the application process. Legal counsel is often essential in ensuring that no laws are violated in the process, and that all parties are afforded the appropriate protections.

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  • American Immigration Lawyers Association
  • State Bar of California | California Board of Legal Specialization
  • Avvo
  • Orange County Bar Association
  • Irvine Chamber