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Saturday, November 19, 2016

What should Employers do with Employment-Based Visas considering the Post-Election activity?

With the Presidential election over and recent Cabinet appointments, changes on  immigration policy will likely occur in some fashion.  The recent President-Elect’s comments and the appointment of Sen. Jeff Sessions as Attorney General give some indication of stronger immigration enforcement in the near future.  So, what does this mean for Employers and how should Employers plan for any change in employment-related immigration policy?

For Employers with workers on employment-based visas, the Human Resource department should audit these visas and related visa expiration dates.  This enables an Employer to address changes on any visa renewals or adjustment of visas once the new Administration focuses on immigration issues in the U.S.   This also enables Human Resource professionals to plan ahead for any potential changes in the employer’s workforce.

The Post-Election activity also hints that employers should evaluate its immigration compliance procedures.  Anticipating an increase of immigration enforcement means the employer should audit its compliance practices on immigration matters.  This includes auditing Form I-9s, immigration practices (like E-Verify), and compliance files. 

Ultimately, the employer will want to be in the best position to address any changes in employment-based visas and compliance efforts. 

While the above provides some issues for employers to consider, an employer with any questions, should contact an experienced immigration-employment attorney.  





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