Recruiting responsibilties

I have been trying to research this and have not as yet come up with a valid answers. I apologize for the long post....but need to explain what we are doing.

We are recruiting for an engineering position. We currently have one Professional Engineer (PE) on staff who is semi-retired and looking to fully retire in the next 5-6 years. We are trying to hire someone to replace him. Because of the rural nature of our community (town of 850) we are trying to find someone that is willing to train under him for 4 years and then take their PE exam. Basically, we are trying to grow our own if you will. We are looking for someone who has or is able to pass their Fundamentals of Engineering exam. We are not offering an employment contract and understand that the individual that we hire may leave at any time since we are an at-will state. There are no guarantees. However, we have a track record of low turnover and 1/3 of our employees are eligible to retire within the next 8 years with over 20 years with this company.

After an unsuccessful attempt at advertising for the position, we are now doing the college recruiting route.

There are several international students who are graduating and then have the right to work for one year. After that they must get their H-1-B Visa which can be renewable for up to 6 years, then to continue to work they must be sponsored for their green card at a cost to the employer (from my understanding).

I have some positions that would work fine for a shorter term employee. However, for this particular position we are hoping to find someone to make their home here and become our in house Professional Engineer after the current person retires.


My question is: What is my responsibility to these international students? Am I required to spend the thousands of dollars to help them stay and work here? I really don't know what to tell them when they ask if we hire international students? I do have 2-3 employees that already have their green card (received prior to working for us).

Thank you in advance for your responses. Maybe I'm making too bid a deal of this. I just want to be as compliant as possible.

Comments

  • 4 Comments sorted by Votes Date Added
  • [font size="1" color="#FF0000"]LAST EDITED ON 10-04-04 AT 10:18AM (CST)[/font][br][br][font size="1" color="#FF0000"]LAST EDITED ON 10-04-04 AT 10:13 AM (CST)[/font]

    I remember responding to this exact same question a month or so back? Is there a reason it is being reposted?

    (edit) You posted the same question at 11:14 a.m. on June 30. Nothing has changed since the advice you were given then. Your risk, your responsibility, the legalities all remain the same as then.

    (2nd edit) As to your question about your responsibility to the international students; you have absolutely no responsibility to international students to sponsor them in the H1-B program. In fact it is highly unlikely that you will prove to the government that there are no eligible and available domestic candidates for this position, especially since you are training. The international students have one goal, getting an employer to sign up for 7 year sponsorship of their employment/H1-B/Green Card status. You will be stepping in to a quagmire if you do that. The current status of an international student WILL NOT allow them to work for you as an engineering trainee for one year. Someone gave you bad advice on that.
  • I apologize for the re-post. I forgot that I had posted this before. The last post was specific to someone we interviewed.

    Now I am just looking for how I am to respond to questions from applicants. I appreciate all the responses previously....Guess I'm just a little thick headed on this topic and I still really don't want to discriminate...but I'm very lost and this particular issue is clear as mud in my head.

    Thanks for your help anyway. Sorry!
  • As long as your treatment of an applicant is not related to their national origin or race, you would not have to worry. You can, however, tell all applicants that you only will employ persons legally qualified to work in the United States. Graduates whose education Visa expired do not have a period of time during which they can work after graduation. They have to go through the same employment visa (H1-B) process as any other foreign national.

    Don't worry about perceived 'pressure' from these types or their attorneys. They have ONE objective and you have ANOTHER. They want a foothold and you want a legal employee on a continuing basis that you do not want to pay $9000 for. There is nothing illegal against a decision to not pursue their candidacy.
  • Thank you very much Don. I really appreciate your information. And you did help clear the mud! Thanks again.
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