Firms that critically consider how best to leverage this tool today are better positioned to win the projects of tomorrow.
In today’s fast-paced global economy and competitive labor market, companies are facing the growing challenge of finding the right candidate to fill their open positions. Attracting and retaining skilled STEM workers is critical to business growth and long-term success.
So while the ACEC Research Institute found that the engineering and design industry grew more than 5 percent and added more than $656 billion to the U.S. GDP in 2023, 51 percent of respondents to their Q4 2024 Engineering Business Sentiment Report stated that they had to “turn down work due to labor shortages,” while 26 percent of firms also indicated they were “turning down good, profitable projects.”
One strategy often overlooked is foreign national talent. For many firms, the cost, time, and challenges of navigating the U.S. immigration system can make this option feel unattainable. Others may not even know what’s possible when it comes to sponsoring an employee or have heard only about long wait times or complicated processes.
In reality, U.S. immigration pathways can be a powerful tool for filling gaps in workforce, recruiting high skill employees, and retaining top performers. When balanced against the costs of prolonged vacancies, turnover, recruiting fees, and the revenue lost from contracts that were turned down, this opportunity can deliver a strong return on investment.
Why AEC firms should consider an immigration strategy.
Recent research from the U.S. Chamber of Commerce found that the U.S. had 8 million job openings as of March 2025, but only 6.8 million unemployed workers available to fill those jobs.
In 2023, a record 1.13 million international students were enrolled at U.S. colleges and universities, according to a report from the Institute for International Education. Almost 25 percent of those students were majoring in math and computer science, and nearly 19 percent were studying engineering.
Further, more than 19 percent of the current STEM workforce in the U.S. and more than 50 percent of doctoral-level computer and mathematical scientists and engineers were foreign born, according to the most recent research from the National Science Foundation.
Firms that strategically leverage immigration options to address labor shortfalls open global hiring channels to attract professionals who are highly qualified and skilled in their fields.
What options are available?
- Recruiting talent from U.S. universities: Optional practical training (OPT) allows recent international student graduates to work for up to 12 months. Those with STEM degrees can receive an additional 24 months of OPT, meaning they are authorized to work in the United States for your firm for up to three years. During those three years, your company can consider a skilled visa option like the H-1B as well as long-term green card sponsorship to retain this new talent.
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Skilled visas: H-1B visas are available for specialty occupations, which require a minimum of a bachelor’s degree. With a congressionally mandated limit of H-1B visas issued each fiscal year, known as the “cap,” when the demand for these visas exceeds the supply a random, computer-based lottery is required. While 20,000 slots are reserved for foreign nationals with an advanced degree from a U.S. college or university, this process is still uncertain.
Additionally, if your firm works with government research organizations, nonprofit research organizations, or institutions of higher education through formal MOUs, there may be an opportunity to leverage these relationships and not be subject to the H-1B visa cap. - Extraordinary ability: The O-1 visa is an option for foreign nationals who possess extraordinary ability or a high level of acclaim that can be achieved through research, patent contributions, adoption of new processes or technologies, business acumen and other documented awards. Advanced degree researchers or scientists align well, in addition to those with real-world technical and business innovations.
Establishing strategic partnerships.
The United States-Mexico-Canada Agreement (USMCA) authorizes work authorization (TN visa) for Mexican and Canadian nationals in professional occupations including engineering, architecture, mathematics, and other scientific careers. With no limit on the number of visas authorized or a maximum number of years held, this option provides significant flexibility.
Strengthening relationships with universities in Mexico and/or Canada who have robust engineering, architecture, and other STEM programs may help create recruiting pipelines leveraging TN visas.
Similar treaties also allow specific work authorized visa classifications for foreign nationals from Australia (E-3), as well as Chile and Singapore (H-1B1).
Leveraging an international footprint.
Companies with overseas entities can transfer talented employees to the U.S. with the L-1 visa. The L-1 allows current employees with at least one year’s experience with the company to transfer from the overseas entity to the U.S. based firm. This relationship can be created through acquisition or even the establishment of a new U.S. entity by a foreign parent company.
The bottom line.
Hiring international talent is not just a solution to workforce gaps, but a strategic investment. A thoughtful immigration strategy aligns workforce planning with business objectives, aimed at identifying highly skilled professionals with niche expertise while driving organization growth.
For proactive planners seeking organizational agility, immigration isn’t just an HR function, it’s a competitive advantage. Businesses that critically consider how best to leverage this tool today are better positioned to win the projects of tomorrow.
Nam Douglass, Esq., is a N.C. Board Certified Immigration Law Specialist and partner at Garfinkel Immigration Law Firm. Contact her at nam.douglass@garfinkelimmigration.com.