Can the Foundation Use Foreign Workers?

When a nonprofit foundation wants to grow its team, the idea of hiring foreign workers can come up—especially when looking for unique skills, global perspectives, or bilingual support. But can a foundation legally hire foreign workers? The short answer: yes, but it’s complicated.

Nonprofit foundations can use foreign workers, but they must comply with U.S. immigration laws and employment regulations. This involves navigating visa categories, sponsorship responsibilities, and sometimes even proving that no qualified U.S. workers are available for the role.

Understanding Visa Options

Several visa types allow foreign nationals to work in the U.S., but not all are a good fit for nonprofits. The most commonly used employment-based visas include:

• H-1B Visa: This allows U.S. employers to temporarily employ foreign workers in specialty occupations. The H-1B program is highly competitive and capped annually. However, some nonprofit entities—such as educational institutions, research organizations, and certain nonprofit affiliates—may be exempt from the cap.

• O-1 Visa: This is for individuals with extraordinary ability in fields like science, education, or the arts. A foundation could use this visa for high-profile roles, particularly in leadership or program development.

• J-1 Visa: Foundations can bring foreign nationals under this category as interns, trainees, scholars, or cultural exchange participants. This is especially useful for short-term placements or international fellowship programs.

• TN Visa: Under NAFTA (now USMCA), Canadian and Mexican professionals may be eligible to work in the U.S. under the TN visa for certain occupations.

Employer Sponsorship Responsibilities

If your foundation wants to hire a foreign national, it must usually sponsor that individual. That means submitting petitions, paying fees, and ensuring compliance with federal labor and immigration laws. For the H-1B and some other visas, you may need to prove that the salary offered is at or above the prevailing wage and that the position meets educational and professional requirements.

Smaller or newer foundations might find the process expensive and time-consuming. It often requires legal assistance and long lead times.

Other Considerations

Beyond the visa process, foundations must comply with the IRS rules for tax-exempt organizations. Hiring foreign workers must align with the foundation’s mission and not violate its 501(c)(3) status. Also, employment eligibility verification (Form I-9) is mandatory, and hiring unauthorized workers can lead to heavy penalties.

Remote work adds another wrinkle. If the foreign worker will remain outside the U.S., your foundation may not need to deal with U.S. immigration issues—but local labor laws in the worker’s country would then apply.

Conclusion

Yes, a foundation can use foreign workers—but it takes planning, legal guidance, and a clear understanding of immigration rules. Whether it’s sponsoring an H-1B employee, hosting an international fellow, or hiring remote talent abroad, your foundation must stay compliant while ensuring that every hire supports its mission. Before moving forward, it’s wise to consult an immigration attorney and evaluate the long-term costs and benefits.