Immigration Strategies: Sponsoring H-1B and Other Foreign Professionals in the Trump Era
Since President Trump issued his Buy American Hire American Executive Order (BAHA), the administration has instituted a series of sub-regulatory measures that make it more challenging for U.S. employers to attract and retain foreign professionals, as well as for foreign nationals to seek entry into the United States. The cornerstone of these measures has been policy memoranda directing USCIS adjudicators to scrutinize H-1B petitions more closely, challenge eligibility for H-1B benefits more often, and increase enforcement through audits and investigations. A successful and compliant immigration program requires proactive strategies that account for an often-shifting adjudications and enforcement environment. This panel will help HR professionals understand evolving business immigration policies and trends and will introduce tools and strategies they can use to ensure that their employers optimize access to and retention of foreign professional talent while remaining compliant with the law. After participating in this workshop, participants will be able to:
- Understand and explain to stakeholders the current environment for business immigration sponsorship and the impact of Trump administration policies on workforce planning, including access to international talent.
- Identify the costs, opportunities and risks associated with job candidates requiring immigration sponsorship.
- Understand the regulatory requirements for H-1B and related work permits and how to help recruiters determine whether job applicants are suitable for sponsorship, including avoiding discrimination in the recruitment and onboarding process.
- Respond strategically to government challenges (Requests for Evidence) to sponsorship applications while reducing costs and increasing speed to market.
- Prepare employees for new levels of scrutiny at airports when entering the United States, including requests for documentation and electronic equipment searches, and inform them of their rights and obligations.
- Evaluate the soundness of, and recommend action with regard to, corporate compliance programs and obligations, including I-9/E-Verify, LCA and PERM, in order to help your organization be best prepared for government audits and investigations.
Andrew Greenfield
Andrew Greenfield is an immigration attorney with over 25 years of experience advising HR and global mobility professionals on U.S. immigration and nationality law and policy and related corporate compliance programs. He counsels clients across industries on visa and work permit matters and the immigration consequences of mergers and acquisitions and other corporate reorganizations, as well as I-9/E-Verify, H-1B/LCA and PERM compliance, and representation during government audits and investigations. Andrew is the managing partner of Fragomen’s Washington, DC, office and a member of the firm’s executive committee, which directs and manages the firm’s 50+ offices in over 30 countries.
Rebecca Peters
Mrs. Peters has worked with the Society for Human Resource Management (SHRM) since October 2018. She previously worked for SHRM’s former affiliate the Council for Global Immigration (CFGI) in the Washington DC metro-area for nearly fifteen years, helping to advance high skilled immigration and employment verification reforms with the U.S. Congress, the White House and the federal agencies. She has served as a chair of the policy committee of the Compete America coalition. She also serves on other coalitions and working groups to educate and advance immigration system efficiencies and to ensure critical changes to employer immigration compliance are reasonable.