Developing an Immigration Policy

As businesses hire more foreign nationals, they may want to consider developing a formal immigration policy to address company and employee needs. Employers may want to consider the following questions in formatting a policy:

• What fees is an employer required to pay by law? What fees may the employee cover?
• Will we sponsor employees for green cards?
• When do we begin the green card process for an employee? Do we need to see positive performance results first?
• Will we cover expenses for the employee’s spouse and dependents?
• Will we cover the cost for premium processing?
• Will we require a repayment agreement if the employee leaves the company before the process is complete?
• Do we need additional staff in place to maintain the required government files?

These are just a few examples of questions a company may want to consider as it begins to hire foreign nationals for short- or long-term employment in the U.S.

Please contact one of our Attorneys for additional information regarding developing an immigration policy.

Tips for Employing a Foreign National in the U.S.

When determining whether to employ a foreign national worker in the U.S., it is wise to retain competent U.S. immigration counsel and keep in mind the following tips:

1. Make sure the position offered to the employee meets immigration law requirements. Each nonimmigrant or immigrant visa has specific requirements to be met and procedures to be followed. It is important to understand these requirements and procedures before agreeing to employ a foreign national in the U.S.
2. Determine a reasonable start date. A common mistake employers make is underestimating the amount of time it may take to obtain the required visa. Some visas afford more immediate work authorization than others which may carry processing delays. Avoid predetermining a U.S. employment “start date” until you have a grasp of estimated visa processing times.
3. Understand the short- and long-term immigration benefits available to the foreign national employee and his/her family members. Certain nonimmigrant visas do not permit spouses or children to work in the U.S. Other nonimmigrant visas may serve as quicker routes to lawful permanent residence. Still others permit the holder to intend to immigrate to the U.S. Immigration counsel can explain the benefits of each.
4. The best immigration strategy may not always be the fastest. Employers who rush to obtain a visa for a foreign national employee may, in doing so, fail to select the best immigration strategy for either. For example, U.S. employers who instruct foreign national employees to enter the U.S. as business visitors when in fact they will be providing services accruing to the benefit of the employer, may be risking their employees’ expedited removal from the U.S. for misrepresentation or fraud. It is better to wait and collect the proper visa for the intended activity than to try and circumvent U.S. immigration law.
5. Allow immigration counsel to work directly with the foreign national employee. The U.S. immigration process does not have to be difficult. It only becomes so when employer contacts become too entrenched in the process and try to serve as intermediaries. When immigration counsel is permitted to communicate directly with both the foreign national employee and employer contact, the process flows more smoothly and can be less complicated, and the busy employer contact’s burden is significantly reduced.
6. Maintain required immigration records to ensure compliance with U.S. immigration laws. U.S. immigration counsel can advise what records must be maintained for employees for specific visa types and processes so that the employer is prepared in the event of an audit or site visit by DHS or DOL.