Your business is booming. You’ve got more work than you know what to do with. But you just can’t seem to keep enough employees on staff to get the job done. This is not an uncommon occurrence in many of the industries in the Tri-State area. Siouxland is in an almost constant state of worker shortage. Some companies consider bringing in help from outside the city, county, state, or even the country. Here are 4 tips to make sure hiring foreign workers goes as smoothly as possible and actually solves your problem—instead of creating a new one!

1. Plan well in advance. Certainly, there are times when a labor shortage at your company can creep up unexpectedly. Injuries, illness, or employees quitting can quickly cut your staff in half at a smaller business. But, most often, those crunch periods can be avoided with some forethought. If you know summer is your busy season, start your hiring process in the fall. And when you’re hiring foreign labor, it is even more important to give yourself some room for error. The process is not a 20-minute ordeal. The last thing you want is to be in the middle of your peak time and have to deal with phone calls and paperwork. Starting early on those tasks can free you up to run your business when it matters most.

2. Put it in writing. In 2017, 63% of attendees at the Council for Global Immigration's Symposium said their companies have a written sponsorship policy for recruiting and retaining foreign national employees. Having a written policy allows all employees to be on the same page about who is being brought in and how. It also takes the guesswork out of the process for management. If the goals of the program are put on paper, it is less likely a poor fit will be hired.

3. Consult the experts. The process of hiring foreign workers, regardless of what sector you’re in, is not one without risks and difficulties. Having an attorney who practices specifically in the area of international employment law may be well worth the investment if your business intends to expand its hiring pool.

4. Know the rules, and follow them! Improperly employing workers from outside the United States can lead to expensive investigations and lawsuits. Penalties for non-compliance with I-9 paperwork range from minor errors or omissions on the Form I-9 ($216-$2,156 per Form I-9) to knowingly hiring or continuing to employ someone not authorized to work in the United States ($539-$4,313 per individual)[1]. If it can be shown that your company had a pattern or practice of such behavior, criminal charges can even come into play. On top of the monetary considerations, public opinion can take a very costly toll on a business’s bottom line when immigration scandals come to light. The best way to stay out of the limelight is to have a firm understanding of immigration policies and ensure your company follows the letter of the law.

If your company is considering hiring foreign workers, think about meeting with an attorney. For help in the Sioux City, Sioux Falls, or Omaha area, call Goosmann Law Firm at 1-855-843-4531.

See below for additional articles on this topic:

Hiring high-skilled guest workers under new regulations: https://www.shrm.org/resourcesandtools/hr-topics/global-hr/pages/the-ups-and-downs-of-hiring-foreign-workers.aspx

Foreign workers in the ag industry: https://www.agweb.com/article/two-mistakes-to-avoid-when-hiring-foreign-workers/

How US and international employment policies differ: https://www.thebalancecareers.com/hiring-international-employees-1918628

[1] https://www.workforce.com/2018/01/15/raid-7-elevens-stark-lesson-9-immigration-compliance/