Have you ever thought about looking outside of the USA for candidates? We’d be surprised if that answer was no. Many perfectly qualified candidates reside outside the US borders and would love to take you up on placement. However, if you start looking outside the US, then you might have questions. Can it be done? More importantly, how?
Can You Place Contractors From Outside the USA?
In short, yes! However, it does get a bit more complicated than that. The longer answer is, should you go through the right steps and find the correct visas, you can place international candidates at a contract position inside the USA.
If you look into this, then you won’t be alone. Many contracting and staffing firms hire candidates from outside the USA. The main part of the equation is knowing what visa to get them so that they can move here and work.
What Visas Will Work?
Following are the visas that FoxHire supports and can help to keep and obtain. We’ll talk about the H1B visa at the end.
For Canadian and Mexican Citizens – the TN Visa
The nonimmigrant NAFTA Professional (TN) visa exists for citizens of Mexico and Canada. It’s part of the NAFTA agreement, and let’s working professionals from those countries come into the USA for prearranged business activities. This includes US employers as well as foreign employers doing business in the USA.
The qualifications are strict; however, you might be able to apply if:
- You are a citizen of Canada or Mexico
- Your profession falls into one of the following groups: accountant, engineer, lawyer, pharmacist, scientist, or teacher.
- The job in the USA needs a NAFTA worker.
- By the time you enter, you already have a contract with an employer in the United States.
- You have the skills and experience needed to fulfill the job as required.
Keep in mind, it will be harder to obtain this designation as a Mexican citizen and will require pre-planning. Canadian citizens will need a form, but won’t need to obtain the visa ahead of time.
For Students – The F1 Visa
Students coming to the USA to study in college, high school, private elementary school, seminary school, conservatory, or another program like language training can get into the USA with an F1 visa.
Keep in mind, the process for getting this visa is longer and will generally require an in-person interview if you are between the ages of 14 and 70. In addition, if you seek to get your contractor in with this visa, they will need to bring a few things to the interview to be granted this visa:
- Passport valid for six months
- Form DS-160 print confirmation page
- Payment receipt for the application
- Photo following all Photograph Requirements
- The correct and signed form:
- Certificate of Eligibility for Nonimmigrant (F-1) Student Status-For Academic and Language Students, Form I-20
- Certificate of Eligibility for Nonimmigrant (M-1) Student Status for Vocational Students, Form I-20
- Academic transcripts, diplomas, degrees, or certificates
- Standardized test scores based on the needs of your US school
- How and when you intend to depart the USA (a plane ticket or proof is good.)
- Proof that you can pay for your educational expenses, including living and traveling.
Permission to Work – The EAD Certificate
To get this type of certificate, you must already be allowed to stay in the USA for a different reason. For example, if you are a refugee or have a green card pending. Using the form I-765, Application for Employment Authorization, you will be able to gain permission to work in the USA until your other paperwork passes or for a set period of time.
H1B – The Complication
We could write five whole blogs about the H1B visa and what issues it presents with getting your contract placements in the USA. Rather than go into deep detail about all the factors of an H1B, we’ll hit the high notes and issues.
The US H-1B visa is a nonimmigrant visa that lasts six years at most. That means you can come to the United States and work, but you can’t become a citizen and must find another way to stay after six years. In addition, you and your contract worker can’t apply for it. The hiring company must be the one to apply for this type of visa for their worker.
What’s more, the current laws only let 85,000 new H-1B visas to be granted each year. This means the business that wants to hire must submit an application early in the year to hope they get chosen to hire someone. Extra details left out, you can quickly see why other visa types are easier and more accessible for contract workers abroad.
Need Help Understanding All This?
FoxHire does your paperwork for you! If you’re having a hard time understanding how to get your foreign placements into the USA, we don’t blame you. It’s a complicated process. Let us join your team, and you will get placements with far less paperwork and research!
