Global Employment
Global Employment

17 Startling Facts about H1-B, Global Employment and Foreign National Workers

As we mentioned in an earlier list of fascinating facts about compliance and immigration law, it’s a landscape that’s continually shifting – especially on the H1-B front.

What are some of the data points one has to wrap one’s head around when considering the scope of global employment and the employment of foreign nationals in the U.S. or other job markets?  Here are seventeen of them, especially regarding H1-B compliance, for you to take into account as you make your staffing plans, particularly in light of the potential implications of the 2020 the American elections.

  • Foreign-born workers comprised 17.4% of the U.S. labor force in 2019. 
  • Foreign-born workers have experienced vast employment growth in high-skill occupations in the United States over the past 15 years. From 1995 – 2018, the share of foreign-born workers in jobs where fundamental skills (i.e. lawyers) are most important increased from 20% to 25%.
  • In jobs requiring social skills (i.e. nurses), it increased from 26% in 1995 to 30% in 2018.
  • In high-analytical-skill jobs (i.e. engineers), the share increased from 19% to 24% over that period.
  • The H-1B visa program allows businesses to temporarily employ foreign workers in speciality occupations in the U.S. Today, 65,000 qualifying foreign workers may be issued a visa or given H-1B status annually, with an additional 20,000 under the H-1B advanced degree exemption.
  • 74% of employers stated the ability to obtain visas in a timely, predictable, and flexible manner as critical to their business’s viability and success.
  • In 2020, 34% of employers stated “a lack of transparency” as a top problem they faced in the immigration process.
  • Before petitioning to file a H-1B, employers must first file a Labor Condition Application (LCA) Form 9035 with the Department of Labor in a timely manner.
  • Employers often make avoidable mistakes with H-1B visa applications that can jeopardize their workers, result in penalties, and prevent future filings. Common mistakes include:

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  • 74% of employers stated the ability to obtain visas in a timely, predictable, and flexible manner as critical to their business’s viability and success.
  • In 2020, 34% of employers stated “a lack of transparency” as a top problem they faced in the immigration process.
  • Before petitioning to file a H-1B, employers must first file a Labor Condition Application (LCA) Form 9035 with the Department of Labor in a timely manner.
  • Employers often make avoidable mistakes with H-1B visa applications that can jeopardize their workers, result in penalties, and prevent future filings. Common mistakes include:
  • Incorrect data like employee name, rate of pay, or work locations
  • Inaccurate job descriptions
  • Mismatched company FEIN or tax ID number
  • Filing at the incorrect service center

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