TO HIRE TALENT FROM ABROAD, YOU MIGHT NEED TO APPLY FOR VISAS, HERE'S HOW IT WORKS.

• Author: Paldino, F. Joseph

One way to solve the talent acquisition problem in Utah is to hire skilled workers from abroad. But doing so may mean navigating the difficult world of visas. Here are five options for employing overseas talent.

As the tech sector rapidly expands in Utah, business leaders must attract and retain top talent to allow their businesses to grow and maintain their competitive advantage. And yet, finding US workers with relevant degrees in the fields of science, technology, engineering, and mathematics (otherwise known as STEM) is becoming increasingly difficult. One way to solve this problem is to hire highly skilled foreign nationals who have the degrees and experience necessary to fill technical and essential positions within the organization. To do so, companies must sponsor foreign nationals for various temporary nonimmigrant business visas.

OPTION ONE: FORMER US STUDENTS CAN OBTAIN AN F-1 OPT OR STEM OPT EXTENSION

Foreign nationals engaged in full-time studies in the United States often hold F-1 student visa status. After graduation, F-1 students can obtain Optional Practical Training ("OPT") to engage in training related to their studies for a total of 12 months per degree program. The F-1 student will need an employment authorization document ("EAD") from United States Citizenship and Immigration Services ("USCIS") to be work authorized under OPT.

When hiring an F-1 student with a STEM degree, companies should consider whether to register (if not already registered) with E-Verify. If the company is registered with E-Verify, and if the F-1 student has earned a STEM degree from a US school and can satisfy other specific requirements, the student may be eligible to apply for an additional 24 months of OPT, for a total of 36 months of work authorization. Although STEM degree earners may be eligible to work in the United States for up to 36 months on OPT, their continued work authorization is not guaranteed after this period. While they may possess the educational and professional qualifications for an H-1B temporary work visa, there are limited H-1B slots available and there is no guarantee that any particular person will be selected.

OPTION TWO: EMPLOYERS CAN APPLY FOR H-1B SPECIALTY OCCUPATION

The H-1B classification is available to professionals working in a "specialty occupation," which is defined as a position for which the minimum entry-level requirement is a bachelor's degree or equivalent. If the foreign national has not previously...