Deciding To Hire Internationally

Why should companies hire internationally? What are the benefits of sponsoring international talent?

If you want to hire the very best, you must hire internationally – in today’s competitive landscape, attracting the best talent often means looking beyond borders. Especially in tech hubs like the Bay Area (70% foreign-born) and Seattle (50% foreign-born), a robust immigration program is essential. Over half of US STEM graduates are international students. Which means, Failing to sponsor foreign nationals creates a significant blind spot in your talent search. 

Diverse teams drive better results – in today’s interconnected marketplace, success hinges on understanding your customers – wherever they are. Diverse teams fueled by international talent provide deeper customer insights, enhanced innovation, and improved market performance. Employees with global perspectives can anticipate customer needs and preferences across different cultures, while a mix of backgrounds fosters broader thinking and leads to more creative solutions. This translates to connecting with new markets and bridging cultural gaps effortlessly. Partner with us to build a global recruitment strategy that attracts top talent, regardless of origin. Empower your portfolio companies to compete and win on the world stage.

It can align your hiring with business goals – companies ultimately hire employees to achieve their mission, objectives, and goals. Business leaders need to consider international sponsorship as a key way to acquire the critical talent needed to achieve those aims.

What are the tradeoffs that you need to consider when hiring international vs. domestic?

You trade longer onboarding for strategic value – while onboarding international hires on visas like the H-1B may take slightly longer (approximately 3-6 weeks), the payoff – access to top global talent – is significant. Moreover, it’s essential to consider the long-term retention strategy for these hires. Companies that successfully navigate these complexities and build a long-term retention plan for key international talent gain a significant competitive edge.

It costs money to hire internationally – see below for how much you can expect to spend depending on the immigration pathway—it varies depending on the pathway, and how generous your approach/policy on immigration benefits is. Hiring international talent involves additional costs beyond salaries. These include:

• Legal and Government Fees – visa application fees, legal representation, and potential government processing charges.
• Flexibility in Benefits – while some costs are mandatory, companies can structure benefit packages to potentially share or offset certain expenses.
• Strategic Visa Selection – focusing on pathways like H-1B transfers with higher approval rates can minimize risks and ensure greater efficiency.
• Companies may opt to cover additional costs for international employees – like visa applications for an employee’s spouse and children. Paying for premium processing can also add to the total bill. Relocation bonuses and other benefits can further increase the investment.

How much risk of denial do companies take when attempting to hire international employees?

The risk of denial when hiring international employees varies depending on the chosen visa pathway:

• H-1B Transfers: minimal risk – For employees already holding H-1B visas, the risk of denial is minimal when the new role aligns with their previous work experience. This offers a highly reliable hiring option.
• H-1B Lottery: some uncertainty – Hiring new graduates introduces some uncertainty due to limited visa numbers. Companies can manage this by focusing on the larger pool of existing H-1B holders or exploring alternative pathways.
• O-1 (Extraordinary Ability): minimal risk for qualified candidates – Ideal for securing top-tier talent in their field.

What should you do to get started with hiring international talent?

Find the right partner – so your team doesn’t have to become immigration experts. The quality of the immigration law firm you work with makes a huge difference. Look for a firm with deep expertise, high success rates, a strong service model, and excellent technology that makes the process smooth for HR. Don’t underestimate the importance of this choice. The legal partner will:

• Train recruiters and hiring managers on the immigration process
• Assess all potential applications, including visas, extensions, and green cards within 24 hours
• Review offer letters, termination letters, and HR policies to ensure compliance and clarity
• Complete and submit applications to the government with the maximum approval chances
• Track case statuses, respond to follow-up government inquiries and manage renewals program

Choosing the right immigration law firm makes a world of difference – partnering with a firm like Boundless empowers your HR and hiring teams to focus on finding the best talent, not navigating complex immigration processes. Don’t underestimate the importance of choosing the right immigration law firm.

Key Qualities to prioritize in a partner include:

• Deep Expertise: Seek a firm with proven experience in various visa types and a track record of success.
• Service Excellence: Look for responsiveness, proactive communication, and technology that simplifies the process for HR.
• Training & Guidance: A strong partner will educate your HR team and hiring managers on immigration best practices.
• Optimized Applications: Choose a firm that meticulously prepares applications to maximize approval chances.
• Compliance & Management: Ensure peace of mind with proactive compliance reviews and streamlined renewals processes.

Establish a clear international hiring policy – having well-defined guidelines around when the company will sponsor different visa types and green cards is crucial. This provides clarity to hiring managers, recruiters, and HR. A strong policy helps set expectations and create consistency.

Understand your unique international employee needs – be aware that international employees, especially those relocating from abroad, will need additional support. Immigration for a job actually comes with physical migration. Consider offering resources for things like banking, housing, tax filing, acculturation, etc. This helps employees transition successfully and perform at their best.

What are common options for hiring international workers and how much do they cost?

Option	Who it’s for		Rough Cost Ranges (Service and Filing Fees)
F-1 OPT	F-1 visas allow international students to study in the U.S. They can then work for 1-3 years after graduating using Optional Practical Training (OPT). The length of time depends on whether they graduated with a STEM degree. Employers who have OPT workers will often also plan to sponsor them for an H-1B visa via the annual lottery.		No cost to the company.
H-1B cap/transfer, extension or amendment	H-1B is the most common temporary visa for international workers. H-1B transfers are often the most reliable process.		$5,000-$7,000
L Petitions	Used to transfer an employee from a foreign employer to its  related U.S. company.		$3,500-$8,000
TN Petitions	For professional individuals from Canada and Mexico based on the TN occupation list.		$2,000-$3,000
O-1 Petitions	Available to candidates with proven ability in their field; this covers many more people than companies think and can be a pathway for most engineering leadership positions.		$6,000-$8,000
Green Card	For employees to achieve permanent residency, meaning that they no longer have to rely on temporary non-immigrant visas like H-1B, O-1, etc. This is the primary immigration goal for sponsored employees and how a company supports this process plays a big role in a candidate’s decision to join and stay with an employer.		$15,000-$20,000 – if a company wants to pay for all three stages (where only the first stage is required to be paid by the  mandatory $8,000-$12,000 – if the company wants to pass along certain lawful expenses to the employee

At what point in the hiring process should companies begin the visa sponsorship process?

Post-Offer is Standard, and pre-offer assessment is best practices- most companies initiate sponsorship after a candidate accepts the offer. This minimizes unnecessary expenses if the candidate declines. Engaging your immigration partner to assess potential hires prior to an offer is ideal. This identifies any potential challenges and informs a decision with full transparency.

Offer letter clarity is crucial –  always include a Benefits Outline, summarizing the immigration support your company provides, and a contingent start date. Clearly state that employment commencement is dependent on successful visa processing.

Why is Green Card sponsorship necessary and what are some considerations for when to launch Green Cards for an employee?

The limited duration of temporary work visas, like the H-1B, creates a sense of urgency – the H-1B’s standard 6-year maximum means employees must secure permanent residency or potentially face leaving the company. Sponsoring Green Cards offers a solution, extending employees’ work authorization indefinitely and providing much-needed stability. Proactive planning for Green Card sponsorship is essential to demonstrate commitment to international talent. This includes clearly outlining when the process will initiate for eligible employees and what expenses the company will cover. Companies that invest in Green Card sponsorship gain a significant competitive edge in attracting and retaining a skilled international workforce, fostering stability and long-term employee loyalty. 

Employees expect a path to permanent residency – foreign national employees who have built a life in the U.S. expect their employers to sponsor their green card applications to allow them to stay long-term. It becomes a retention issue. They want the employer to sponsor them for a green card which then allows them to stay in the country permanently. Companies should be upfront about their Green Card sponsorship policies, considering industry standards and aligning them with their company culture. Clear communication from the outset avoids misunderstandings and fosters trust. 

Many companies link Green Card sponsorship to employee tenure and performance – (typically 6-18 months). A well-defined, objective policy in your immigration handbook ensures fairness and avoids misunderstandings. Partnering with an immigration provider allows you to track adherence and optimize your sponsorship program for maximum impact.

Offering immediate Green Card sponsorship can be a powerful way to attract top international talent – however, there’s a potential downside: increased costs if employees leave the company before the process is complete. You can explore clawback clauses to recover costs and mitigate risk, or focus using the perk on critical hires where the potential benefits clearly outweigh the risks.

What are some of the common paths companies use to sponsor international talent and want to ensure long-term retention?

Path

F1→OPT or STEM OPT → H-1B → PERM Green Card

H-1B→ PERM Green Card

O-1→EB-1A Green Card

TN→ H-1B→PERM Green Card

What are some key immigration solutions available for quick talent onboarding?

For international employee transfers, companies will use the L-1 Visa – the L-1 allows multinational companies to transfer executives, managers, and specialized knowledge employees from abroad to U.S. offices. It costs around $5k and takes 1-3 months to obtain. L-1 holders can often later get a green card. 

How should you access immigration solutions when hiring international students?

For F-1 OPT:

• Check Role Alignment: The student works with their school to ensure the job aligns with their completed studies.
• Complete I-9: Follow standard new-hire employment verification.
• Plan Ahead: Work with an immigration expert to track the OPT expiration date and develop a long-term visa strategy.

For STEM OPT:

• Create a Training Plan: Collaborate with the student’s school and your immigration provider to develop a formal training plan.
• Get E-Verified: Become an E-Verified employer (this is mandatory for STEM OPT sponsorship).

For Both F-1 OPT and STEM OPT

• Enter the H-1B Lottery: Set up USCIS and DOL accounts. Register your OPT/STEM OPT hires for the annual H-1B lottery. Partnering with an immigration provider can increase your chances of success.

What are the components of an immigration strategy plan?

What non-immigrant and Green Card processes is your company willing to sponsor?

What types of international talent do you need? • Analyze roles, skill sets, and experience levels of typical hires. • Consider existing employees eligible for intra-company transfers (L-1). • Assess the value of recent graduates on F-1 OPT. Are you comfortable with lottery-based visas (like the H-1B)? • Weigh the uncertainty of the lottery against the broader talent pool. • Consider focusing on H-1B transfers for a more reliable pathway. How do Green Cards align with your retention goals? • Determine if permanent residency is a long-term retention strategy. • Factor in how Green Cards support extended stays for H-1B holders. • Benchmark against industry norms with your immigration provider. What’s your immigration budget? • Calculate expected costs for various visa types and Green Card sponsorship. • Collaborate with Finance to establish a realistic budget.

What immigration benefits do you provide and when?

What Costs Will You Cover? • Mandatory Expenses: Understand which fees you legally must pay (e.g., H-1B, PERM). • Optional Costs: Customize coverage (green card fees, dependent visas) based on your budget, benchmarking data, and recruitment strategy. • Seek Expert Input: Work with your immigration law firm for optimal decision-making. When Will You Initiate Green Card Sponsorship? • Set Clear Expectations: Define timeframes linked to performance and tenure for starting the Green • Card process (e.g., upon hire, after 6-12 months). Will You Sponsor Dependents? • Assess Budget Impact: Decide if covering spouses and children is feasible and aligned with your strategy for attracting top talent. Do You Offer Relocation Assistance? • Support Options: Determine if you’ll provide flights, temporary housing, or other assistance for international moves. • Scope of Support: Consider offering this universally or evaluating on a case-by-case basis.

What requirements do employees have to satisfy before getting benefits?

Green Card Eligibility: • Tenure and Performance: Establish clear benchmarks (e.g., 1-year employment, strong performance reviews). This ensures sponsorship aligns with long-term retention goals. Employee Departure Provisions: • Recouping Costs (Optional): Consider clawback clauses or liquidated damages if an employee leaves shortly after receiving a Green Card. • Consult Your Attorney: Collaborate with your immigration law firm to navigate legal complexities and ensure proper implementation. Role and Location Commitments: • Compliance Focus: Define how long an employee must remain in the initial role/location that formed the basis for their visa, ensuring adherence to USCIS regulations.

How does a business need to handle laying off an international employee on a work visa?

You are required to inform the government – employers must promptly notify USCIS when terminating a sponsored H-1B worker. This helps cut off wage liability and keeps the employer in compliance with immigration rules. There are also return transportation costs that must be offered if an employee does not wish to find a new employer to stay in the U.S. This is a critical compliance step and you need to ensure this is handled properly in partnership with your immigration provider.

Be aware of the 60 day grace period – the standard 60-day grace period after termination is often very little time for the employee to make alternate arrangements. It is important to be sensitive to this burden to handle any determinations with empathy and perhaps offer exit benefits such as an immigration consultation to help the employee understand the nuances around this grace period and options the employee has. 

What are the most important pieces to get right?

Hire the right legal partner – navigating the immigration system can seem daunting, but a lot depends on the law firm you choose. An experienced, service-oriented firm will handle the process smoothly, while an unresponsive firm will create headaches. 

Establish clear, consistent policy – collaborate with your immigration firm to develop a comprehensive policy document. It should outline supported visa types and Green Card sponsorship timelines, cost-sharing arrangements, and employee eligibility requirements. This ensures fairness, minimizes delays, and boosts employee trust.

Prioritize employee experience – empathy is key—recognize the added stress for international hires. To improve the experience, provide proactive communication, support systems to ease the burden for employees, and benefits that maximize employee productivity and foster loyalty.

Choose the right legal partner – seek a firm with deep immigration law experience. Look for responsiveness, transparency, and technology that smooths the process. A strong partner will help you shape policies and pre-empt issues.

What are the common pitfalls?

Thinking visa approval is unpredictable – outside of the H-1B lottery, visa sponsorship has a high degree of certainty. Denials are rare when applications are handled by an experienced legal team. 

Believing hiring internationally is cost-prohibitive – while visa sponsorship isn’t free, the costs are a tiny fraction of an employee’s overall compensation package, especially for in-demand roles. Fees are dwarfed by things like recruiter commissions. 

Thinking the H-1B lottery is the only path to hiring international employees – many think of the H-1B lottery as the main way to sponsor foreign nationals. But H-1B transfers, L-1 visas, O-1 visas and student OPT allow hiring without going through the lottery.

There are several common administrative pitfalls that companies can trip up on:

• Misplacing the IRS FEIN confirmation letter – this letter is needed to set up DOL accounts. 
• Dun and Bradstreet accounts should reflect the current business address – and other company details need to be accurate. This will avoid unnecessary requests for evidence (RFEs) in H-1B and other filings in earlier stage companies. USCIS will reference Dun and Bradstreet for company verifications. 
• Ideally, have a business address that is not a home address – this will help to avoid unnecessary RFEs.
• Earlier stage companies may want to bolster filings with additional credentials – by showing media coverage, proof of funding, letters of support from investors, etc. This will again help to avoid RFE.