How to hire tech experts when talent is scarce

How to hire tech experts when talent is scarce

Working paper

Lawyer Faraz Qaisrani shares his expertise

Q: I run a small, growing technology company outside of Boston. We encounter obstacles when trying to hire new developers. I know many of our competitors hire developers from other countries, like India. I don’t know how this is done. I belong to a roundtable of tech CEOs, but we’re all small but growing. Can you explain the process of hiring an Indian person and transferring them here?

A: Massachusetts, particularly the Boston area, is a technology hub and the demand for qualified professionals far exceeds the supply. A number of factors have contributed to this talent crisis. Many technology companies are growing and their technology needs are changing. When a business grows, it often continues to hire. With a growing need and limited supply, it’s a perfect storm for a talent shortage. Additionally, housing is expensive in Boston. As tech hubs pop up in lower-cost areas, developers may consider positions where they can buy a home rather than rent a small apartment in Boston. Remote working has changed things somewhat, but recruiting challenges persist. Finally, it’s competitive! You are competing with other businesses in the Boston area.

One option for expanding your talent pool is to consider hiring developers from other countries.

I consulted an expert in recruiting talent from other countries. Faraz Qaisrani is a business immigration attorney at Greenberg Traurig, LLP, an international law firm with more than 45 offices worldwide. He explains: “Many employers do not hire foreign talent directly from their home country unless they are moving from a foreign office to the U.S. entity of the company. Despite technology companies whose business model is to outsource information technology human capital to their clients, many employers begin their employer-employee relationship with an international student. When this student graduates from a U.S. college or university, they typically have an F-1 student visa. Students with this visa status can work for one year after graduating. Students hired by an employer in a STEM field (Sscience, Ttechnology, Eengineering, or Mr.athematics) can work in the United States for a total of three years after graduation. “Beyond these periods, an employer can hire these employees using another type of VISA called H1-B,” explains Qaisrani. You may have heard your fellow CEOs discussing hiring H1-B employees. An H1-B visa is a type of visa that allows a company to hire an employee for a longer period of time. Hiring an H-1B worker can be difficult and often requires a trusted attorney to handle this process. According to Qaisrani, “The frustrating part of the H-1B visa is that H-1B private sector employers are subject to a lottery every March and each employee must be selected from that lottery. » Qaisrani estimates that in recent years the chances of being selected are around 20 to 30 percent. Additionally, hiring an H1-B employee incurs an expense. The cost may vary, but H-1B petitions cost employers at least $6,000 in legal and government filing fees, but exact costs vary depending on the size of the business and whether hiring H1-B has dependents. It is important to understand that an employer must ensure that hiring the H-1B worker will not negatively impact U.S. workers. An employer is required to publish relevant details regarding the H-1B employment and make relevant information public (e.g., specifying the salary paid to the foreign worker). The employer must demonstrate that this hiring will not harm the wages of American workers. Specifically, the employer must submit a Labor Conditions Application (LCA) to the U.S. Department of Labor before they can apply for an H-1B for a qualified individual. If the Ministry of Labor certifies the LCA, only then can the employer follow the H1-B route.

Additionally, employers can recruit people using a 0-1 visa. To qualify for a 0-1 visa, one must demonstrate “extraordinary ability” in their field. Some examples of those who might qualify for a 0-1 visa are high-level scientists, nationally or internationally recognized in their field.

Attracting and retaining talent is a challenge in Massachusetts. Our unemployment rate has hovered around 3.5% over the past year. Employers are required to consider a range of hiring sources to meet talent demand.