The visa paperwork rests largely in the company’s hands. If you are calling employees to come from overseas to work for your firm, you will need to prove to the state that there are no hands available in the US to handle the similar work category. We have seen many software professionals coming in from places like India and Japan, to work in the US and it has been a season of growth for the professionals and companies alike. However, when it cannot be proved that there is a shortage of manpower in the category in the US; it will be very hard to get an employee visa for your workers. Generally, if you have an honest reason to call employees, it should not however pose to be a problem.
Many a times, employers get caught up in problems with the state when their employees bring in children who they have no right over. This is a serious offense and the US government does not take it lightly when people try and immigrate illegally, especially where children are concerned. You as an employer may not be directly responsible for the actions of your workers but it is the least you could do to have a thorough background check on who you are inviting to live in the country.
Especially where you are calling employees from countries that the USA is opposed to as far as political views go double check on the background of any worker. You may not even realize it, but many would go to great lengths to get into the country for illegal purposes. What with terrorism at its peak, you need to take the responsibility of giving out offer letters only after you are sure of the background of the person. The wrong person can get into the country with your letter of offer, so some responsibility does lie in the employers’ hands.
But thankfully, more often than not, you will not have major problems with the law when you invite people to work for you from other countries. Your main responsibility may lie in helping the employee with paperwork such as real estate deals and school admissions if the person brings his children along. In any case it is advisable to seek the help of an attorney with any legal paperwork that your company may have to undertake.
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