How can you track visa and immigration issues during candidate selection?

Recruiter should have good knowledge on Visa Types and who are eligible to work in the country. Tracking visa and immigration issues during the candidate selection process is essential, especially if you are hiring international candidates. Recruiter should screen the profile consulting the below steps: Engage with Immigration Experts Document Verification Legal Consultation Compliance and Records Maintaining clear communication with candidates, you can effectively track and manage visa and immigration issues during the candidate selection process, ensuring compliance with the law and a smooth transition for international hires.

Key point - Know your visa options so you appropriately manage your time pursuing candidates that meet your business needs. Even if you are not an expert in immigration, understanding the basics of what options are available to your candidates and business leaders will help you to make educated and strategic decisions about your talent search. Many US based companies may be familiar with H-1B visas but may have limited knowledge on TN or E-3 visas. The requirements and benefits to these visa categories may cause you to pursue qualified candidates that you may have otherwise passed on. It would be frustrating to lose a great candidate because you're nervous or unsure about sponsorship options that are easier than you anticipated.

Australian Government Department of Home Affairs Immigration and Citizenship - Subclass 858 Global Talent Visa - Visa pathways The Global Talent visa is for the brightest and best global talent. It comprises of two visa pathways: Global Talent pathway Distinguished Talent pathway. The Global Talent pathway provides priority processing for highly skilled applicants who: have an internationally recognised record of exceptional and outstanding achievements within the Minister's defined sectors currently earn, or are likely to earn at the Fair Work High Income Threshold. Before applying for the Global Talent pathway, you should submit an Expression of Interest against t relevant requirements for priority processing.

Before you start recruiting candidates from other countries, it's crucial to have a solid understanding of your local immigration laws and regulations. These laws can vary significantly from one country to another, so it's essential to know the specific requirements and processes in your area.

It’s crucial to identify early in a candidate’s recruitment process the specific immigration support they require and assess your organization’s capability to provide it. You can achieve this by asking whether an employee needs sponsorship currently or in the future to work in the US, and by collaborating with your internal immigration team or external counsel to explore options. Drawing from my experience supporting over 1,000 immigration cases, it’s clear that job seekers value this proactive dialogue at the onset of the recruitment process. Many of these candidates face time constraints in their search and appreciate transparency regarding immigration support before progressing too deeply into the interview process.

Clearly define the type of visa or work permit required for the position. Different positions and candidate qualifications may necessitate different types of visas. Ensure that your HR team and recruiters are knowledgeable about these requirements. During the initial application or interview, ask candidates about their immigration status and work authorization. This will help you identify potential visa or immigration issues early in the process.

Key point - Determine your options, hiring criteria, relevant roles, and then screen employees based on those hiring policies. Save your time and provide a better experience for your candidates and internal stakeholders. I have reviewed over 1,000 candidates on a variety of US visas and Employment Authorization Documents (EADs) for hiring eligibility with my employers. Identifying candidates that meet hiring eligibility criteria and confirming their eligibility for your hiring managers is an essential step in the hiring process. It is devastating for a recruiter to spend weeks with a candidate, go through multiple rounds of interviews, and then find out after issuing an offer that the candidate doesn't qualify for sponsorship.

Having a good understanding of the roles that have no visa restrictions is the key. Once that is determined, having a quick call with the Immigration team to get a refresher on any changes that as recruiter one needs to be aware of and a call with HM to set the expectations around time to hire. And then getting as many details one can from the candidate around there work permit details, its not just h1b, but various other permits like TN Visa, H4EAD, L2 EAD that one could come across. So the more the better is the key !!

In the U.S. employers may ask if an individual is authorized to work in the U.S. and whether they will now or in the future require sponsorship for employment status. If an individual needs sponsorship, the employer may ask questions to determine the type of sponsorship, timeline, costs and any impact on business operations. It is important for employers to be consistent with the questions asked and to do so in a non-discriminatory way. Typically it is helpful to have a conversation with the individual to gather the information to make the assessment.

First step - understand what your limitations are, because in many jurisdictions, providing immigration advice requires a specialist qualification and/or license. Outsource this aspect of the process, because the implications of providing incorrect advice can be significant for both your client and candidates. Immigration is also a very fast-moving environment, so you need to either be able to keep on top of the rules as they change or rely on someone who can.

Key point - Identify the important milestones in the process ahead of time and plan messaging for each major step. Immigration processing may take weeks or even months depending on the country and category. You can build confidence and trust with your stakeholders when you clearly outline the process and they know at what steps they can expect updates from you. If you know that a certain step will take about 2 weeks and that you won't have an update sooner, let them know. They may ask for an update anyway but at least you can refer back to a transparent process outlining important milestones.

A good and detailed intake call with your Hiring Manager, setting the right expectations around timeline, explaining the potential roadblocks is the start. Introduce the candidate to the Immigration team as soon as the offer is signed, always be on top of the communication from the candidate and Immigration team, loop in the HM as well so that they are aware of the status of the candidate in real time. Ensure regular communication with the candidate, be the liaison if they dont get any response from the stakeholder involved. A good candidate experience is very important.

Once you've identified potential candidates, request copies of their work authorization documents. This might include visas, work permits, or other relevant documents. Verify that these documents are current and valid.

Utilize your calendar for reminders to provide updates is a great time management trick and surprisingly is not as common as one might think. This helps for reminding for renewals and expiring applications too Using software like immigrate.biz helps with data tracking and reminders so you don't miss deadlines. There are other software tools that replace spreadsheets as well but if you use a spreadsheet keep it updated and potentially a Google shared sheet can keep people employers and recruiters on the same page.

Immigration is complex and, in many jurisdictions, requires specialist knowledge. A built-in pre-assessment within the recruitment process is an essential tool to manage expectations (both candidate and hiring manager's), avoid unnecessary expenditure and streamline as much as possible an otherwise burdensome process. Do not wait until the candidate accepts the offer to check if they can be sponsored, how long it's going to take, the necessary criteria and other essential matters - work with your Immigration attorney/lawyer/specialist to ensure you're doing what you have to do!

Key point - Describe the standard process but always mention the potential risks. If you have a consistent timeline that most cases follow for immigration processing, you should set those expectations from the beginning. If there are risks, even unlikely (let's say less than 10% of cases) it is important to include the impact that these risks will have. Protect yourself and maintain reasonable expectations. Government processing can be a little sporadic even on a good day so make sure that you are optimistic but realistic when addressing potential risks and delays. If you have a plan B or C, you may want to share those options as well so that your stakeholders know you are prepared if something goes wrong.

If you're unsure about the validity of a candidate's work authorization or the specific requirements, consult with immigration experts or attorneys who specialize in immigration law. They can provide guidance on the legal aspects of hiring foreign nationals. Keep detailed records of all communication and documents related to the visa and immigration process for each candidate. This documentation is critical for compliance and may be required in case of audits or legal issues.

Being realistic is probably one of the most important aspects of managing candidates going through immigration as well as the team that's hiring them. The most frustrating thing both hiring managers and candidates go through is totally unexpected events - whether it's an RFE, major delays, the need to travel overseas to active a work visa, etc. Sometimes attorneys, or recruiters, avoid sharing all possible scenarios because they don't want to upset a candidate and make them worry - and this makes sense. But at the same time, if something DOES go wrong that wasn't discussed, that's when the real frustration happens. Best to be open and honest about all possibilities up front and avoid headaches down the line.

Understanding the probability for success from countries as well as reasons why people could be refused. Check reference letters and confirm they are real as often the govt will check them and that could cause a problem. If temporary, why would they go back home? Often refusals and problems can occur if there are no employment opportunities in their home country or if they have family in the country they are going to. How long the process takes and if they are willing to wait as well as if the employment offer is still required is key and processing times are listed on websites often. Track when they apply as if they can't or are delaying, they might have second thoughts and could disrupt the required employment timing.

The most important thing for companies to have is a robust immigration policy. It doesn't have to be all-encompassing (especially if you have a small foreign national population), and it can always change. But having something is better than having nothing. It helps you better prepare for conversations during and after interviews, it's the best resource to point candidates to who might have questions, and it makes the hiring process much more streamlined when immigration situations come up. Policy, policy, policy!

Before finalizing the hiring decision, consider having your legal department or immigration experts review the entire process to ensure it complies with all relevant laws and regulations.

First off, make sure you're up-to-date on the latest immigration policies and visa regulations. Government websites are usually a good source. Next, establish clear communication channels with your candidates. Regularly check in to see if there are any changes in their immigration status or if they anticipate any delays. Consider partnering with an immigration consultant or legal expert. They can provide valuable insights and ensure you're on the right side of the law. And, of course, document everything. Keep detailed records of visa applications, correspondence, and any other relevant information.

One additional aspect to consider is the importance of fostering a culture of support and inclusivity during the visa and immigration process. Establishing a welcoming environment for candidates going through this journey can significantly impact their experience. Encouraging open communication, providing resources for cultural adaptation, and celebrating milestones in the immigration process can contribute to a positive and inclusive atmosphere. Remember, a supportive culture not only aids in successful onboarding but also strengthens your employer brand as an advocate for diversity and inclusion

Don't be afraid to get a second opinion. If it is too good to be true, it probably is. Ask how much the worker if paying? It's not ok to let them get charged more than is fair. Not asking is your own negligence.