LEGAL EXPERTISE

By now, many employers are well aware of the coined term, The Great Resignation, which is being used to describe the record rate at which U.S. workers are voluntarily leaving their jobs.

A phenomenon that began in 2021 in the wake of the Covid-19 pandemic, the mass exodus of talented employees simply up and quitting is leaving many employers struggling to meet business demands. As job openings remain unfilled, a large number of employers are shifting their focus to foreign talent.

There are many immigration options for highly skilled foreign nationals in and outside the U.S. H-1B visas are for bachelor’s-level professionals; L-1 visas are for intracompany transferees who are either managers or hold specialized knowledge; TN visas are for Canadians and Mexicans working in professions specified in USMCA (formerly NAFTA); and O-1 visas are for extraordinary individuals possessing high-level achievements in science, education, business, athletics or art.

With the annual H-1B quota having been reached (which does not affect transferring an existing H-1B from another company), and many employers looking to hire individuals from outside the company and Canada/Mexico, the O-1 visa is quickly becoming more sought after.

Valid for an initial three-year period and renewable indefinitely, the O-1 visa is meant for workers who have risen to the top of their field — the crème de la crème. In order to prove the extraordinary ability required, the potential employee must demonstrate a record of sustained national or international acclaim in their field of endeavor, meaning they meet at least three criteria from the following list:

• Receipt of awards for excellence

• Membership in associations requiring outstanding achievements, as judged by recognized experts

• Published material about the worker

• Participation as a judge of the work of others

• Original scientific, scholarly or business-related contributions of major significance in the field

• Authorship of scholarly articles

• Past employment in a critical or essential capacity for organizations having a distinguished reputation

• Commanding a high salary

Extraordinary times, like the Great Resignation, require extraordinary people.

The O-1 visa meets the moment, providing access to the most outstanding candidates the world has to offer.

Many potential employees possess the qualifications required of an O-1 visa, and it’s a valuable tool for employers struggling to find top-level workers. Immigration counsel can help businesses connect with exceptional candidates across the globe, determine the correct visa type and develop an overarching strategy for employing foreign workers.

Autumn Misiolek Tertin is an attorney at GoffWilson P.A. and can be reached at atertin@goffwilson.com.

Autumn Misiolek Tertin

1000 Elm Street, 20th Floor Manchester, NH (603) 228-1277 www.goffwilson.com