Unlocking Global Talent: Why "We Don't Sponsor" Limits Your Business

In today’s competitive job market, U.S. employers face significant challenges in finding the right talent to drive their businesses forward. Companies which limit themselves to the domestic labor market miss out on the global talent pool as an untapped resource.

Employers often shy away from sponsorship because of perceived difficulties and expenses. However, this mindset severely limits their access to a diverse and highly skilled global talent pool. By avoiding sponsorship, businesses miss out on the opportunity to bring in fresh perspectives, innovative ideas, and specialized skills that can significantly enhance their operations and competitiveness. Moreover, employment-based immigration pathways generally limit work authorization to the sponsoring employer, which may lower turnover rates as the candidate would need to find a new job willing to sponsor them in order to remain in the U.S.

Availability of Cost-Effective Sponsorship Options

At no additional cost to the employer compared to a U.S. worker, recent international graduates in F-1 student visa status in the U.S. have access to Optional Practical Training (OPT), allowing them to work for one (1) year or up to three (3) years for STEM graduates. This period provides a valuable opportunity for employers to assess the candidate’s fit and navigate the sponsorship process more smoothly.

Various visa options are designed to facilitate the employment of international professionals, particularly for citizens of Mexico, Canada, Singapore, Chile, and Australia. Australian, Singaporean, and Chilean professionals can be sponsored for jobs typically requiring a Bachelor’s degree through an E-3 visa or H-1B1 visa, and Mexican and Canadian professionals can be sponsored for a Trade NAFTA (TN) visa for occupations listed in the USMCA agreement.

The MIL Services webpage provides more information about short-term and long-term U.S. immigration strategies.

Practical Steps for Employers

For employers considering sponsorship, the first step is to assess whether the position aligns with an immigration pathway by consulting with your local business immigration attorney at Myers Immigration Law, who will request the following information and documentation:

• Citizenship(s) of the International Candidate: Some countries have treaties with the United States that qualify their nationals for specific visa categories, while others may be excluded from certain options.
• CV/Resume of the International Candidate: Detailed work experience and educational background are critical for determining eligibility.
• Job Description: Assess whether the position typically requires a Bachelor’s degree in a specific field, as more options are available for professional employment.
• Work Frequency & Location: Certain U.S. immigration options are tailored for seasonal work and do not allow year-round employment, such as the H-2A Temporary Agricultural Worker and H-2B Temporary Non-Agricultural Worker visas.
• Ownership Structure of the U.S. Company: Companies that are 50% owned by citizens from the same country as the candidate may qualify for certain treaty-based options. There are also possibilities for intracompany transferees who have served as managers, executives, or specialized knowledge employees with a majority affiliate, parent, or subsidiary outside the U.S.
• Type of U.S. Company: Companies engaged in substantial trade with a treaty country might qualify for an E-1 Treaty Trader visa for their supervisors and essential skills employees. Universities, their affiliates, government research institutes, and nonprofit research institutes are generally exempt from the H-1B visa lottery. Small employers (25 or fewer employees) and nonprofits often benefit from reduced government filing fees.

U.S. companies with an established client relationship with Myers Immigration Law can also forward a job post for a preliminary assessment whether the position qualifies for a viable U.S. immigration strategy, with or without the above information about a specific candidate.

Contact Us for More Information

The belief that sponsoring international employees is too complicated and costly is a myth that needs to be dispelled. By rethinking the “we don’t sponsor” stance, U.S. employers can tap into a global talent pool that offers immense value and potential. Investing in international talent is not just a strategic move; it’s a necessary step towards building a competitive and innovative business.

Contact us today to learn how we can assist you in navigating the sponsorship process and unlocking the full potential of global talent.

The above is informational and not intended to be legal advice. Please consult with an experienced business immigration attorney on your specific facts and circumstances before proceeding with any U.S. immigration strategy.