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A successful and legally compliant immigration program requires proactive strategies that account for a shifting adjudications and enforcement environment. After the “Buy American and Hire American” Executive Order was issued in 2017, the administration instituted subregulatory measures that make it more challenging for U.S. employers to attract and retain foreign professionals, and for foreign nationals to seek entry into the U.S.; policy memoranda regarding these measures direct U.S. Customs and Immigation Services (USCIS) adjudicators to scrutinize H-1B visa petitions more closely, challenge eligibility for H-1B benefits more often, and increase enforcement through audits and investigations. This session helps HR professionals understand such evolving business immigration policies and trends. The presenters recommend useful tools and strategies to ensure that employers can access and retain foreign professional talent while remaining in compliance with the law.
- Be able to explain to stakeholders the current environment for business immigration sponsorship, and the impact of Trump Administration policies on workforce plans that include access to international talent.
- Identify the costs, opportunities and risks associated with job candidates who require immigration sponsorship.
- Understand the regulatory requirements for H-1B and related work permits, to help recruiters determine whether job applicants are suitable for sponsorship (and avoid discrimination in the recruitment and onboarding process).
- Respond strategically to government challenges to sponsorship applications (e.g., USCIS Requests for Evidence (RFE)) while reducing costs and increasing speed to market.
- Prepare employees entering the U.S. to face new levels of scrutiny at airports (e.g., documentation requests and electronic equipment searches) and to know their rights and obligations.
- Evaluate the soundness of corporate compliance programs/obligations (including I-9/E-Verify, Labor Condition Applications (LCA), Program Electronic Review Management (PERM), etc.) and recommend actions to help your organization be prepared for government audits and investigations.