Guest Blog 

By Sonia M. Muñoz

As a result of the global economy we live in today, employment of foreign talent is extremely common in the United States. However, if individuals wait to begin their H-1b visa process, they may end up like the hundreds of thousands of persons whose applications were denied last year.

These people received denials simply because the quota (66,000) had been reached before noon on the first day that U.S. Citizenship and Immigration Services (USCIS) began accepting these visa applications. The amount of H-1b applications received by the USCIS was so great that it had to use a lottery system to determine which applications it would review. This type of decision making had never occurred in the history of the H-1b visa.

Many foreign professionals living abroad or in the U.S. are eligible to obtain the H-1b visa and don’t even know it. Those that qualify for the H-1b visa are authorized to live and work in the U.S. for a maximum of six years. During those six years, the H-1b visa holder may obtain an approved Labor Certification from the Department of Labor and ultimately be eligible to apply for lawful permanent residence (Green Card).

Requirements for an H-1b visa:
1. Have entered the U.S. with a valid visa
2. Have not overstayed
3. Have a bachelor’s degree from a U.S. or foreign university; or 12 years of experience in the field
4. Have a job offer with a U.S. company
5. Apply for an H-1b visa by April 1, 2008

If the foreign professional seeking to obtain an H-1b visa is inside of the United States, he or she must have entered with a valid visa. The person may have entered with a student visa, tourist visa, or any other sort of visa. The person must not, however, have entered the U.S. through the border. Any person that enters the U.S. through the border is unable to obtain immigration benefits in the U.S.

In addition, if the applicant is inside the U.S., he or she must not have overstayed the authorized period of stay on the visa. Many persons mistakenly believe they are in the U.S. under a current visa simply because their tourist visa is valid for 10 years. This is an extremely common misconception of the law. The authorized stay on any visa is the date listed on the I-94, not on the visa itself.

The misconception of being able to apply for an H-1b visa after overstaying the period of time listed on the I-94 is extremely common. What people fail to understand is that once someone overstays the date listed on the I-94, the person cannot obtain another visa from inside of the U.S. under any circumstances. The person is only able to obtain a visa by attending an interview at the U.S. embassy in his or her native country. This occurrence is extremely common and tends to get many people in trouble or cause them unnecessary time and expense. We see this time and time again.

In regard to education, the applicant must qualify as a professional to be eligible for an H-1b visa. To qualify as a professional, they must have completed a bachelor’s degree in a U.S. university or have the equivalent from abroad. Education credentials from foreign institutions must be evaluated by an evaluation company to determine the amount of education it is equivalent to in the U.S. system.

Even those who have never studied at a university in the U.S. or abroad can also qualify for the H-1b visa. The U.S. immigration system accepts three years of experience as one year of education. This means that those with no university education can qualify if they have 12 years of work experience in the field.

Finally, the job offer must be from a valid company incorporated inside the United States. Aside from proving its valid business entity status, the company must be able to show sufficient revenue to afford the foreign professional’s prevailing wage. This requirement can be satisfied by providing the USCIS with copies of the company’s tax return records for the past three years.

Based on the clear advantages that the H-1b visa provides to the visa holder and his or her family, it is an extremely popular employment visa in the United States. The USCIS receives an increasing number of applications each year, but the quota of 66,000 visas per year has not increased. If you satisfy the requirements set out by U.S. immigration laws and have a job offer in the U.S., you should begin your H-1b case as soon as possible.

Attorney Sonia M. Muñoz is a trilingual immigration attorney, who publishes weekly press releases and articles in both the English and Spanish media across the nation. She has appeared on both radio and television as an immigration expert. Aside from working for the CIA, she has co-authored a bench book for the U.S. Supreme Court, conducted and participated in conferences with state senators and representatives, and interviewed former President Bill Clinton. For more information, visit her firm’s Web site at www.ilclawfirm.com or call 866.482.8472 to schedule a phone consultation.

By Walter Rudd

How many times have you been dining at a restaurant or out shopping and stumbled upon someone you thought would make a great addition to your organization? I am sure the answer is, “All the time.” When you discovered these hidden treasures, how prepared were you to try to recruit them for your business? If you are one of the few who can honestly say that you do not miss these opportunities, then this article may not be for you. Then again, can you vouch for the recruiting preparedness of your managers and other senior employees?

As business owners you should always be on the lookout for company talent and prepared to spring into action when you run across that person with the perfect personality and great attitude. But are your managers and staff ready to pull the trigger and become your “foot soldiers” in the never-ending battle to find and hire the “right fit”?

If you have answered yes to all of the above, then chances are you have assembled a pretty strong staff, complete with starters and backup bench players. Those teams usually have the greatest success and consistently produce outstanding results.

But if you are not actively recruiting and your key staff members are not always on the lookout and prepared to strike whenever the opportunity arises, try the following guerilla recruiting techniques:

The first step is to accept your role as a perpetual recruiter for your organization and to instill this mentality into your leadership team. Once team members understand their roles, you must arm them with the tools and know-how to recruit effectively.

Secondly, you must identify within your organization which positions are the most valuable to the overall success of the business. Whether it is a manager, service adviser, cashier or supervisor, you must treat these positions as importantly as the wash services you offer. In fact, your people are half of your product! If you keep this in mind, you will be more selective and focused in your recruiting strategy.

The old litmus test of “are they upright and can they fog a mirror” just will not cut it if you stop to consider just how valuable these people are to your operation.

Once everyone is onboard and understands how valuable these positions are, you need to develop targeted messages for each position and teach them to your frontline ambassadors. These include:

Introduction and opening message – How to approach a potential candidate.

Build rapport and fact finding – Show interest in them and they will be interested in you.

W.I.I.F.T. – What’s in it for them! Create bullet-point highlights of the benefits of working with you and your organization. This message needs to be position specific.

Call to action – Dangle the proverbial carrot to create interest and curiosity.

Insert a takeaway – State you cannot promise anything other than a priority interview as you are not sure if they will qualify for your elite team.

Closing statement – Provide a quick recap, compliment them and express appreciation for their good service. This is when you should hand them your “thanks for the great service” card.

To be successful at recruiting, you have to look for potential candidates all the time and be ready to act when you spot them. The “thanks for the great service” card is a simple business card that compliments them on their customer service and/or work ethic, highlights the benefits of working with your company, and offers some incentive (e.g., a free wash) to entice them to visit your operation first hand.

The cost of a box of business cards is negligible compared to what you could spend on a newspaper ad or Internet job posting for little in return. This approach also saves time weeding through unqualified candidates who inevitably show up to fill out applications or request interviews. This is a great prescreening interview and a chance to hand-select your team.

If you want to add a little extra motivation for your staff, try offering a “bounty” to anyone who brings in qualified candidates for open positions. Good referral reward programs offer initial payouts to employees for bringing in candidates who get hired, as well as subsequent payouts for helping retain them. This can be a great employee recruiting and retention tool if it is designed correctly and is accompanied with monthly recognition and accountability.

These types of recruiting strategies save you money, reduce attrition and build a much stronger team.

Walter Rudd is a Tucson, Ariz.-based performance manager for The Khoury Group, an Orlando-based performance management firm. He can be reached at wrudd@khouryconsulting.com . Visit the Khoury Group .

By Nancy O’Reilly

For many people, the phenomenon of burnout is a typical stress reaction. Simply put, “burnout” means a worker has lost motivation and job performance has declined; it can lead to termination or leaving the job. Its effects need to be dealt with immediately to prevent valuable, well-trained, experienced workers from walking out the door. This can and does affect the company’s bottom line.

Stress has been called an equal-opportunity destroyer. No one is immune from its effects. Some workers may express their stress openly, but others may suppress and ignore stressor signals until they are desperately ill. Stress can cause physical symptoms such as headaches, stomach problems and ulcers, and can leave employees vulnerable to disease. Emotional and behavioral stressors can also impact the overall productivity of the workplace. A worker who does not manage his or her stress may find that job performance declines and sick days increase.

Acute stress is painful but brief, and fortunately most employees readily find ways to discharge it. Chronic stress takes a terrible toll on the productivity of the workplace when it goes on for days, weeks, months, or even years without being processed or discharged.

Employers need to know how stress is affecting workers and offer solutions for stressors to ensure their employees’ wellbeing and continued fitness for duty. Various experts even say that 80 percent is stress-related.

In the workplace, many workers even become addicted to their own adrenaline. They love the rush they feel when they are stressed to the max and pumping hard. This can apply to home or work or even exercise. These workers may crash and burn before they’ll seek help for their addiction and drive at work.

Checking Workers’ Stress

A wise employer or supervisor will monitor employees and notice if they are in danger of experiencing burnout. Is their job satisfaction and job performance declining? Does work seem harder to manage?

A symptom checklist can help workers identify if they are experiencing burnout and are at risk for illness and other severe consequences. Workers who check four or more symptoms need to act fast to keep from breaking down completely.

Workers may be burning out if they:

• Often forget things
• Feel unusual fatigue
• Suffer from insomnia
• Experience changes in appetite
• Experience changes in behavior and mood
• Often feel grumpy and crabby
• Get sick a lot
• Want to withdraw from others
• Feel anxiety and worry

Stoking the Fires of Enthusiasm

Workers who check four or more of the symptoms above are probably in the process of burning out. Managers and supervisors will need to intervene now, before it’s too late. Encourage workers to tailor the following three simple steps to their own style and personality and they’ll be well on their way to recovering vibrant energy and zest for life.

1. Balance Your Lifestyle

Nobody’s perfect, so why expect or demand that of yourself? For that matter, why expect or demand perfection from someone else? Draw upon your unique strengths to cope. Do the things that help you feel calm and centered. If you’ve forgotten what those are, you need to invest more in yourself so you can reconnect with what you know.

Don’t let one aspect of life dominate the others. Do you have a hobby or other activity you enjoy? If not, things are getting out of balance.  Do you constantly feel you are out of time? Then it’s time to cross off something you don’t enjoy. Let someone else do it. Who knows, they just might enjoy it.

2. Create Support Systems

It’s tough feeling alone, especially in the middle of a group of busy people. So find people you can talk to at work, at home, or in the community. Find a place or activity that’s stress-free.

Share something with someone. Join a professional organization or socialize with people in your field who work for different employers. Everyone needs to be able to talk over work problems. Become a mentor or resource for someone else, perhaps in your own workplace, church, or another organization. Realizing how much you have to offer to others can be a great antidote to frustration and burnout.

Gain Control or Let Go

Remember that no one is indispensable. Find a better way to get the job done rather that just doing more of the same. Try to see opportunities instead of problems. It may be time to review your career goals if you are working just to earn money. Many people find that if they can do what they love, they love what they do.

Schedule your days (and weeks, months and years) and work your plan. Investigate ways to adjust your schedule with flex-time, job-sharing or taking a new job.

Find a mentor you respect. You are not the first person to struggle with work-life balance, and other people (even your boss), might have a lot of suggestions to offer.

Regaining One’s Zest for Living and Working

Most important of all, workers – and employers and supervisors, too – need to remember that life is really much too short to waste if feeling freaked out and frazzled. By restoring some balance between the demands of the workplace and personal life, people can douse burnout and prevent stress from taking its terrible toll. Every person needs to take time to manage their stress so they can enjoy life.

Nancy O’Reilly is a clinical psychologist, researcher and founder of the WomenSpeak Project, an online resource based on a decade of research about aging in a youth-driven society. She has more than 25 years of experience counseling others on women’s issues, aging, mental health, victimization, workplace violence and stress. A member of the American Psychological Association, O’Reilly is the author of, “You Can’t Scare Me: Courageous Women Speak About Growing Older in a Youth Oriented Society.” For more information, visit www.womenspeak.com or call 417.860.5834.