Filing a new H-1b Case: Are there alternatives?

Dear Readers,

With the 2009 H-1b lottery fast approaching, and the need to get these matters properly prepared before the end of March 2008, I advise my clients (both individuals and companies) to get their cases to me now.

I ask the HR Directors, or other human resource staff, to gather up a spreadsheet of all company employees with some sort of immigration status (especially those on F-1 OPT), and to speak with Hiring Managers about any potential employees they are now interviewing and seriously looking at - and may want to offer a position to. I'll want to see the CV/resume as well. For example, if the individual has a U.S. advanced degree, there are additional H-1b visas available for them (20,000). It is imperative that I find out the nationality/birthplace of the individuals as this too is an important consideration. Are they Australian (E3 eligible)? From Chile or Singapore (H1b1)? Canadian or Mexican professionals (TN)?

This process has other advantages for HILG's company clients as well. It allows me to get into a new or renewed dialog with HR, often with the CEO or CFO, about the consequences of ignoring immigration as a matter of "policy"; I see it differently. I see it as an issue of employee retension. And my attitude is adamant. Too often I see companies "playing games" with an employee who long ago should have had their immigration status adjusted over to permanent residence, or at least should have begun the process. This is a huge mistake. More on this next......