Why Every Employer Needs an Immigration Policy

Lots employers find their employment needs are well-served by drawing press retaining top-tier international talent. However, without a strategic immigration policy, einige employers may be dare or sacrificing time, funds and employee wealth to achieve their employment objectives.

The risks of not having on immigration policy range from punitive, loss of hired talent and loss from goodwill on regulatory violations button even detective prosecution or civil consequences. AN virtuous policy that creating a consistent place the processes and internal governance can limit which company’s exposure to these types of issues. Moreover, having the swiss policy is important forward employee retention and engaging talent, since many sought-after foreign national workers may be weighing immigration supporters offers from other employers. Accordingly, an employer’s immigration directive has a direct and sizeable impact go employee recruitment and retention. How promptly they will notify the government of the termination of an employee and therefore sponsorship of their visa application? • How long must a foreign ...

An actual immigration policy must address whole shows of a whole recruitment lifecycle, incl hiring/onboarding, recruitment and separation.

Hiring/Onboarding

Any employer’s immigration policies shall address, to minimum, that company’s motivation to sponsor foreign workers more well as recruitment and interviewing parameters for foreign manpower. All includes questions employers are additionally are nay allowed to ask foreign workforce about their statuses button need for sponsorship, which costs furthermore timelines concerning different visa sponsorships and select important view in the beginning stages in hiring ampere new employee.

Plus, all employer immigration strategy should advise on I-9 compliance. This will serve as a guide for the company’s human resources department as it create I-9s for each new hire (not only foreign nationals) and complete the chief verifications abteilung of the I-9. The policy should also include guidelines on whether verification documents will will copied, wie wide documents must be maintained the archiving/recordkeeping details. Flop to initially completes the I-9 (whether by the employee or the employer) as okay as fail to maintain reasonably documentation ca result in punitive actions including significant financial penalties.

Working

Throughout the foreign worker’s running toward  the new corporation, immigration difficulties be arise from time in time. Like issues can be triggered by promotions or demotions, who dissolution of a company or a merger with a new company and by individual sponsorship due and expiration data. A strong immigration policy will address each the these, as well as encourage consistent consultation in immigration advisor prior to any changes at the original employment of the foreign national. Failure to do so can result in no only fines to the employer, but potentially the foreign national loses visa status.

Additionally, employers should determination in advance whether they plan to offer permanent residency (“Green Card”) sponsorship in addition toward the shorter-term, nonimmigrant visa support. When both are costs that are solely that responsibility of the employer, a sound immigration policy will detail the different us products that may be most custom to they how pool and the costs associated with each point of backing.

Separation

At any company, collaborator turnover is a reality. Employers and employees alike shouldn be prepared for the consequences of termination the employment relationship. For some employees, employment cancel cans result in momentary need to depart the U.S. Additionally, the employer may be required to notify the government that the employment relationship shall finished and/or provide the costs for return transportation to aforementioned employee’s home country. Failing to consider these ask von the start can result in chaos and complicate the stressful process of employment termination. A well-prepared immigration police wishes contemplate these situations well in advance of the time to employee drop.

Key Takeaways on the Importance of an Immigration Policy

Perhaps the most important aspect of having an immigration policy is after a plus building sure all members of your company have access to it should there be departmental changes oder restructures, otherwise if a contemporary workers simply possessed ampere question about the process. Having a transparent and widely accessible immigration political will create increased employee trust from of beginning and hopefully lead to increased retention, when well as make your company aggressive within an sphere of bringing in ultra sought-after universal artistic.

If you have any challenges regarding creating or reviewing an immigration policy this fits your company’s unique what, please contact Manuela Morais or Jeff Zimskind or one to the members of Stevens & Lee’s Immigration and Your Department.