H-1b Applicant - for job requiring 5-6 years of training

kswsd

We have an open position for an Engineer. We currently have a semi-retired individual with his Professional Engineer (PE) status who plans to fully retire 6-7 years. We are attempting to hire an individual to train under him (training required is 4-6 years under a PE) then have them test for their PE status.

I have a very good applicant who presently has H1B visa status (only renewable for 6 years) he might be eligible to apply to receive his green card after he has worked for us for 1 year. Problem exists because we don't have the time to train and then retrain if he doesn't get his green card.

What are my legal requirements?
Has anyone else been in this dilema and how did you handle it...what was the outcome?

Thank you for your responses in advance..I appreciate your thoughts and ideas. I have no issues with nationality....only ability to stay after required training.

Don D

It's a crap-shoot at best. But, it always is with the H1-B program. And there's no certainty that he will get a green card, which is about a 5-7 year process anyway plus thousands of dollars for the employer, all which may be down the tubes. How do you propose to convince the Department of Labor that there are no available/qualified domestic workers or that this fellow is better qualified than those that surface during the process? The only way it will work is for you to specifically tailor the job description and requirements to the alien, roll the dice, hope his papers don't expire, or that he eventually gets a green card, and, if all that works for you, that he stays with you. A total crap-shoot. I'd give it odds of 75-25, not in your favor.

kswsd

Thanks....that's kind of what it was looking like to me also. Actually am somewhat concerned that someone will cry discrmination if we don't offer the job.

Don D

I'm curious as to how your applicant is walking around with an H1-B status. Since they are employer/job specific and not portable, how is it that he has this status and is unemployed?

franfields

I am curious as well. Doesn't the company sponsoring the H-1B have to pay to have the person return to their native country when employment ends unless they can find another employer to pick up the sponsorship?

Don D

I may be wrong, but I assume the individual, since he is an applicant, no longer has a relationship with the employer where he was originally granted the H1-B. My understanding is the if the ee is terminated, the hosting employer has the travel expense obligation for one year.

kswsd

He was a student obtaining his master's degree...working for the school. He just graduated and told us his H1B is good for 1 more year.