Insights

H1B Tracker: Contingent Workforce Management for VISA Workers and H1B Letters

It’s common in the industry for clients to utilize SOW workers for a multitude of projects. Historically, it’s typical for the workers on these projects to be H1B VISA holders. When using this type of labor, it’s important to have a tight compliance strategy to ensure the client is protected. A contingent workforce program can help.

H1B Tracker for VISA Workers and H1B Contractors: Our Top 3 Tips

Below are our top three recommendations to help manage your H1B contractor population and support your vendors.

Visibility

Clients should always know the worker population on a VISA. Failing to keep track of such could result in a contractor working outside of compliance regulations.

Facilitate Client Letters

Client letters are an essential part of the H1B VISA process, as they help demonstrate that a valid employer-employee relationship exists. The absence of a client letter makes it likely that the H1B case will receive a request for evidence (RFE), as well as greatly increases the risk of denial.

Clients must be pro-active in working with the vendor to provide proof that they are working with a client in the United States and their end date on the specified project. Therefore, client letters must be drafted and signed by the client when a new H1B worker starts a project.

Be Prepared for an Audit

Clients must remain prepared to show proof of compliance to Immigration Services at any instance and have the correct data available on demand to share with them upon request.

 

Contingent Workforce Program: Tracking VISA Workers and H1B Letters with VMS

Clients who formalize their contingent workforce programs and decide to leverage a Vendor Management System (VMS) can utilize the functionality available to track the H1B worker population in the tool, determine those workers who are on a VISA, as well as notate the expiration date of their current VISA.

This is crucial as it provides the ability to run reports and stay ahead of the expiration dates. Not only is it imperative to maintain consistency with the expiration dates/housing of the client letters sent, but it is vastly important to stay compliant and have an efficient way of tracking the letters if required to show proof to Immigration Services.

Here is an example workflow you can deploy in your VMS to help automate this process:

  • When new workers are being onboarded into a SOW or Contingent worker role, there are specific VISA questions the vendor must answer regarding their worker.
  • These fields are mandatory, and if a worker has a VISA or H1B and the supplier notates yes, it prompts the supplier/vendor to input the expiration date for that worker.
  • This allows the client to run reports to monitor expiration dates and ensure their client letters align with the correct end date for that worker.
  • With ongoing reporting on these fields, the client can follow up with vendors who have workers coming up on an expiration date to ensure the extension has been processed, client letters amended, and that the worker is able to continue working.

To help ensure you have the best overall management of your H1B worker population, remember these key best practices: know who the population of VISA workers are, track the expiration dates in an auditable way for those workers, and partner with your vendors to ensure paperwork is kept up to date.

 

H1B Tracker Management with Monument Consulting: A Highly Rated MSP

At Monument Consulting, we understand the importance of managing your contingent workforce in the most optimized and efficient manner. Therefore, our team uses the industry’s leading vendor management systems to streamline our managed service provider programs. Additionally, we offer contingent workforce management consulting services to share our expertise with your staff on how to operate your contingent workforce at maximum efficiency.

Are you looking to connect with Monument Consulting? Contact us today to ask about our contingent workforce consulting or managed service provider (MSP) services!

By Desiree Sprague, Program Manager