Disclaimer: The views and opinions expressed in this article are solely those of the author and do not necessarily reflect the official policy or position of WERC. This article is not legal advice. You should always consult with an immigration attorney to build and refine your organization’s immigration policy.
As immigration policies continue to shift and government oversight grows, it is more important than ever for U.S. companies to have a clear, written immigration policy for sponsoring foreign national workers that keeps up with the latest legal updates. Changes during the current administration bring stricter enforcement, new policies, and unpredictable case outcomes, all of which make it harder for employers to navigate the system. Even though priorities may shift under different administrations, businesses need to be ready to manage change and uncertainty, and a well-thought-out immigration policy helps them do that.
Growing Enforcement and Compliance Challenges
A major theme of the current government’s immigration approach is increased enforcement. That means more audits, more unannounced worksite visits from immigration officers, tighter reviews of visa petitions, an increase in requests for evidence (RFEs), and denials in employment-based cases. Companies without a formal plan in place are at greater risk of making costly mistakes or facing legal issues that impact their workforce. Without internal guidelines, different departments may take different approaches to sponsoring foreign talent, opening the door to confusion, inconsistency, or even legal exposure.
Having a clear immigration policy helps teams stay consistent, avoid errors during hiring and visa filings, and show a strong compliance record if the government comes knocking. It also sends a strong message to stakeholders, employees, investors, and business partners that your company takes immigration seriously and is prepared for any change.
Supporting Smarter Hiring and Workforce Planning
Hiring global talent is a core part of staying competitive. Companies in industries like tech, engineering, health care, and education often rely on foreign national professionals from within the U.S. and abroad to fill key roles and complement their workforce. Without a well-defined plan, decisions about whether and how to sponsor someone can feel random or rushed, leading to misunderstandings, mismatched business expectations, or missed hiring opportunities among the company’s HR, recruiters, managers, and leadership.
What to Include in an Effective Immigration Policy
If your company is thinking about creating or updating its immigration policy, here are a few key areas to cover to keep HR, recruiting, legal, and leadership teams on the same page:
- Who qualifies for visa sponsorship: Whether by the role, department, or business needs, what jobs are the company willing to sponsor for temporary work visas and eventually for permanent residence (aka “green card”)?
- How visa expenses will be managed: Will the company cover all costs for the employee and family, international travel, premium processing, visa application fees at a U.S. consulate, etc.? Or would there be cost sharing with the employee? Will there be a repayment agreement in the event a sponsored employee leaves the company within a certain period after receiving the visa or green card?
- Expectations for involvement of key personnel: Clearly explain expectations and the amount of involvement by managers, HR, employees, and other key players so they can budget for the time commitment needed to provide proper support during the immigration processes. Clarify how cases are prepared and set realistic internal and government processing timelines, including increased delays, for the business to thoughtfully plan around.
- Compliance practices: Have detailed protocols for conducting Form I-9 and E-Verify verification and maintaining Public Access Files and PERM labor certification records, as well as detailed guidance on how to manage government site visits and audits.
- Employee communication and support: Determine how you will share critical immigration updates and support staff during frequent changes in immigration rules and policies. Employees should notify HR and immigration counsel before making international travel plans to determine if there will be issues, such as travel bans, visa non-issuance mandates, or refusal at re-entry.
- Protocol for organizational changes: Have a plan to notify HR in the event of planned corporate reorganization, such as layoffs or mergers and acquisitions, to determine the impact on foreign national employees.
- Protocol for changes to foreign national employees’ jobs: Instruct employees and managers to notify HR prior to making any material changes to the job, such as to core duties or work location, to determine what amendments or steps the company must take before the change to safeguard the employee’s immigration status.
- Backup plans: Have a process in place to address work visa processing delays or denials, or other challenges posed by extreme vetting and scrutiny over immigration cases that render the employee unable to work.
- Others: Create a protocol for tracking employee status expirations and when to start the visa renewal process. Provide regular immigration training for HR, managers, and others.
Regular Review Is Key
Once you have worked with an immigration attorney to create your immigration policy, revisit that document annually to ensure you are following the latest legal updates, as immigration law is rapidly changing.