Starting From the Beginning - Verification is Necessary
As an employer, you can’t hire “anyone” you’re interested in extending a job offer to. First, you must verify that they’re authorized to accept employment in the US. It’s the very first thing you should do if you want to avoid wasting your time and money filling out the Labor Application Form (the next step) only to find out your potential employee is unhirable for some reason.
Verification includes asking for proof of US residence or Green Card. If they don’t have either of these documents, they’ll need a visa to enter the country and work for your company. Then, you can decide if you’re willing to take on the expense and hassle of petitioning for their visa and completing the paperwork. Most employers use an immigration legal expert like Visa2US to do the documentation for them.
What Employees Must Know From the Start
As the employee, you can expect to have to provide proof that you’re eligible for work and that you have the skills and educational experience required to make it through the H-1B visa application process.
Don’t get offended if the employer asks you for substantial documentation. They must pay various expensive fees just to get you through the process, whether approved or denied. Understandably, they want to ensure you’re qualified enough for the USCIS screening.
Keep in mind that, as a non-citizen, you’re not legally able to accept an offer of employment in the US until you’re authorized to do so by the government. Certain non-citizens, including those granted refugee or asylum or in work-related nonimmigrant categories, can receive employment authorizations simply by showing their proof of status. But you’ll need to apply for this through the H-1B visa process or another similar work-related visa.
What You’ll Need Before You Can Work
Once that coveted H-1B visa is approved, your work isn’t done yet! Employers must have their H-1B visa employees complete Form I-9, saying they're legally authorized to work in the US. The employer must file this online or by mail to USCIS.
Employers are usually subject to special tax withholding rules. Be sure you speak to your accountant and are documenting and filing correctly. Employees are obligated to pay taxes while working in the US. These taxes fall under the Taxation of Resident Aliens, Tax Information and Responsibilities or New Immigrants in the US, and Taxation of Nonresident Aliens pages on the IRS website.
When non-citizens with permission from DHS to work are approved for an H-1B visa, they’re provided a social security number. Not all H-1B visa holders receive this. You'll be provided another identification number if you don’t get a social security number.
What’s Next?
Dealing with the US government can be complicated, especially if you’ve never filed an H-1B petition for an employee or you’re living in another country as a non-citizen. Let Visa2US bridge the employer-employee gap and handle all the documentation hassle.
At Visa2US, our experts have helped countless people connect in successful work relationships all over the globe. Contact us to find out how you can take the next step in your career by hiring an H-1B visa holder or becoming one!
