New Hampshire businesses need solid staffing in order to ensure they can maintain and grow their operations. But with a state unemployment rate of just 2.6%, businesses are facing some pressure to attract and retain quality employees. Our panel looks at options available to those seeking to fill open positions.

Panelist: Ron Abramson, chair, Immigration Law Group, Shaheen & Gordon, P.A., shaheengordon.com

Is business immigration an appropriate solution for my recruitment needs?

While recent changes in the labor market have impacted every state, New Hampshire is seeing one of the most severe labor shortages, with an estimated 28 available workers for every 100 job openings. Businesses — large and small alike — are struggling not only to retain high-caliber workers but also to draw in workers from other states. An often-overlooked potential solution to many businesses’ hiring needs may be to recruit international workers.

Tech companies and other large corporations often get much of the media spotlight when it comes to hiring international workers. Still, businesses of all sizes may benefit from exploring immigration options for filling otherwise hard-to-staff positions. Startups, family-owned businesses, closely held service providers, and other smaller employers may well, in collaboration with experienced immigration counsel, unearth a solution to long-vexing hiring challenges.

A bonus: Studies show that immigrant employees tend to be extremely loyal to their petitioning employers, are very productive and remain with those employers longer than the national average.

So, whether your business has specific seasonal needs or requires a steady influx of highly skilled individuals to help fuel innovation and growth, U.S. immigration law may offer viable options to accommodate New Hampshire’s diverse business demands.

What sorts of employment-based visas are available to my business?

New Hampshire employers may avail themselves of a variety of visas depending on their particular business immigration needs, including the following:

• H-2A: Temporary agricultural workers

• H-2B: Temporary non-agricultural workers

• H-1B: Specialty occupation for high-skilled workers (bachelor’s degree or equivalent minimum requirement)

• J-1: Exchange visitor with numerous subcategories

• L-1: Intra-company transferee (requires a related foreign entity from which intending employee would come)

• O-1: Outstanding individuals in the sciences, education, business, athletics, the arts, motion pictures and television (very high standard) There may be other, more specialized visas available to certain kinds of potential employees.

Employers may also wish to consider sponsoring a desirable long-term candidate for a green card (a.k.a., lawful permanent residence) through the permanent labor certification process, known informally as PERM. This generally requires identifying the job candidate (who may be a current employee), defining the position, determining the “prevailing wage,” recruiting for at least 60 days, and filing the required petition and other paperwork with the U.S. Department of Labor and U.S. Citizenship & Immigration Services. There are multiple employment-based immigration tiers, including “priority workers,” “members of the professions holding advanced degrees or persons of exceptional ability,” “skilled workers, professionals and other workers,” as well as visas for certain “employment creation.”

How are fees handled for employment-based immigration?

Employers are primarily responsible for attorney’s fees, filing fees, and other costs associated with immigration petitions and applications. In narrow circumstances (usually later in the process), the employee/beneficiary may pay legal and filing fees.

What is the timeline for a business immigration process?

Where a business is considering bringing in workers with employment-based visas, it is best to plan as far ahead as practicable. While the employer may seek to fill immediate needs, in many cases, processing timelines are prolonged due to political and other societal developments over the past five-plus years.

Depending on the type of visa the employer seeks, the process could take as little as a few months or — in the most extreme cases — as long as 11 years.

U.S. immigration law is a highly technical, rapidly changing area. All potential employers and employees interested in visas or employment-based permanent residence should consult an experienced immigration lawyer.

Shaheen & Gordon’s business immigration team has decades of experience helping New Hampshire companies secure the talent they need to thrive while providing a range of legal services across the business law spectrum.