Insight

The New Business Immigration Regime

Five things executives and HR should do.

Business Immigration Regime

February 9, 2018 05:11 PM

In light of the increase in stringent immigration policies, the following list allows companies to prepare for immigration enforcement initiatives. With this guidance, you can continue to hire and retain top foreign talent.

Know your alternatives for employees who missed out on the H-1B lottery, their spouses, and Dreamer (DACA) employees.

Given the lottery odds and recent changes by the executive branch, it’s essential to consider all the visa alternatives for your foreign talent. These can include NAFTA and trainee options, along with visas for those with “extraordinary ability” and entrepreneurial interests (you may be surprised to know how companies have saved a couple of key people each year this way). Within a few weeks, you can place an employee in Canada; staffing agencies or PEOs work if you don’t yet have a Canadian operation. If you do—or have other offices abroad—you can send an employee there for a year and then bring them back to the U.S. on the L-1 visa, which doesn’t have an annual quota.

Use a self-correcting electronic I-9 system to foolproof your I-9 employment eligibility program.

The president has authorized a four-fold increase in ICE agents who carry out I-9 audits and other enforcement. These doubled under the last administration as well. The only smart move is to clean house. Many employers rely on advanced I-9 and E-Verify technology to ensure compliance, including mobile options for remote hires. You can even automate the correction of existing I-9 forms at a fraction of the cost and time of an audit. And don’t forget the importance of training. Complimentary tools can be found here.

HR or legal: conduct an internal immigration audit.

Now’s no time to wait for a government audit. Be proactive, starting with annual reviews of Labor Condition Application Public Access Files, changes to employment terms and conditions that may impact employees’ immigration status, maintenance of PERM files, and proper notification when foreign national employees are terminated. A recommended audit checklist is available here.

Implement a business travel compliance program for visa and tax rules.

Even if they don’t require a work permit, business travelers can still be affected by complex and ever-changing immigration and tax regulations. Basic compliance assessment should always be conducted prior to booking international travel. Employers with large volumes of travelers or other risk factors should consider adopting a more comprehensive real-time online system for pre-trip analysis of immigration and tax issues. Some tools give the travelers answers in just one minute, incorporated into your travel and HR systems. Free self-help tools are available here.

Have a policy for employees’ device passwords when requested by authorities.

You may have heard in the news that U.S. airport officials have asked U.S. citizens and others for passwords to their phones and laptops, citing security concerns. Your traveling employees will want to know how they should handle this. Security concerns have led to more frequent requests to unlock phones, laptops, and tablets during traveler inspections at the port of entry. To protect privacy and confidentiality rights, devices with company data could have a sticker affixed with language such as the following: “Property of [Company]. Information on this device cannot be released to any person or entity without the express permission of [Company].” Even if officials demand access, this may preserve future rights for both employer and employee in case sensitive data is compromised in this process. More details can be found here.

---------------------------

Christy Nguyen, partner of Pearl Law Group, has been passionate about immigration all her life, dedicating all of her professional and volunteer efforts to this field. She’s been helping foreign nationals since 1997 and practicing business immigration law with prominent law firms since 2001. Christy is a graduate of the University of California, Berkeley and Hastings College of the Law. Pearl Law Group is the nation's only firm to win major awards for global immigration, innovation and pro bono service. The firm provides a full range of immigration services, from work permits and permanent residence to immigration program oversight, employment eligibility, and business traveler compliance.


Related Articles

Chain Migration Solutions Desperately in Search of a Problem


by Aaron C. Hall

The White House insists that any new law giving Dreamers a permanent place in the United States also stop what it refers to as the chain migration problem.

Chain Migration

Trump Administration’s Termination of DACA, TPS, and H-4 EAD Immigration Programs Could Leave Employers in a Lurch


by Ann Massey Badmus

Several immigration programs that have authorized over a million immigrant workers are expected to end in 2018 and 2019.

DACA, TPS, and H-4 EAD

Smart Policy and Smart Compassion


by David P. Berry

Why it makes sense to protect the Dreamers.

Dreamers

Trump and Immigration: Separating Truth from Fiction


by Harlan G. York

Deportations aren’t up, but the people who are being deported are more “newsworthy.”

Trump and Immigration

There Is Hope after the H-1B Cap: Alternatives to the H-1B Visa


by Meredith W. Barnette

Alternatives and options if the change in H-1B visas applies to you or your business.

H-1B Visa Alternatives for 2018

U.S. Business Immigration: Year-in-Review


by Christian S. Allen

For more reasons than are probably appropriate to include here today, 2017 will be forever be burned into the memories of everybody in the U.S. immigration industry, and all HR and legal professionals who were involved in hiring and/or employing foreign workers in the U.S. No matter your political persuasion, 2017 turned out to not be anything like we all expected at the beginning of the year, fol

U.S. Business Immigration: Year-in-Review

In the News: South Florida


by Compiled by Nicole Ortiz

A summary of newsworthy content from South Florida lawyers and law firms.

South Florida In the News 2018

WATCH: Supreme Court Rules DACA Stays


by Best Lawyers

Three immigration law attorneys join the CEO of Best Lawyers to discuss the Supreme Court's decision to block the Trump administration's effort to stop the DACA program.

Panel: DACA SCOTUS Ruling

Make the Workforce American Again


by Michael J. Wildes

The H-1B visa program allows U.S. companies to temporarily employ foreign workers in specialty occupations, including jobs in technology, engineering, science, architecture, accounting, and business.

Make the Workforce American Again

The Rise and Fall of the H-1B Worker


by Kathleen Saenz Poppenger

Until recently, most people were unfamiliar with the H-1B visa, except for those seeking to take advantage of this temporary worker category.

Rise and Fall of the H-1B Worker

The Revolution in People Management


by Michelle V. Rafter

Organizations are changing how they find, manage, and review workers to keep up with shifts in demographics, new technology, competition for top talent, and the evolving nature of work.

Change Management

Trending Articles

Introducing the 2026 Best Lawyers Awards in Australia, Japan, New Zealand and Singapore


by Jennifer Verta

This year’s awards reflect the strength of the Best Lawyers network and its role in elevating legal talent worldwide.

2026 Best Lawyers Awards in Australia, Japan, New Zealand and Singapore

Revealing the 2026 Best Lawyers Awards in Germany, France, Switzerland and Austria


by Jamilla Tabbara

These honors underscore the reach of the Best Lawyers network and its focus on top legal talent.

map of Germany, France, Switzerland and Austria

Effective Communication: A Conversation with Jefferson Fisher


by Jamilla Tabbara

The power of effective communication beyond the law.

 Image of Jefferson Fisher and Phillip Greer engaged in a conversation about effective communication

The 2025 Legal Outlook Survey Results Are In


by Jennifer Verta

Discover what Best Lawyers honorees see ahead for the legal industry.

Person standing at a crossroads with multiple intersecting paths and a signpost.

The Best Lawyers Network: Global Recognition with Long-term Value


by Jamilla Tabbara

Learn how Best Lawyers' peer-review process helps recognized lawyers attract more clients and referral opportunities.

Lawyers networking

Jefferson Fisher: The Secrets to Influential Legal Marketing


by Jennifer Verta

How lawyers can apply Jefferson Fisher’s communication and marketing strategies to build trust, attract clients and grow their practice.

Portrait of Jefferson Fisher a legal marketing expert

Is Your Law Firm’s Website Driving Clients Away?


by Jamilla Tabbara

Identify key website issues that may be affecting client engagement and retention.

Phone displaying 'This site cannot be reached' message

A Guide to Workers' Compensation Law for 2025 and Beyond


by Bryan Driscoll

A woman with a laptop screen reflected in her glasses

Best Lawyers Launches CMO Advisory Board


by Jamilla Tabbara

Strategic counsel from legal marketing’s most experienced voices.

Group photo of Best Lawyers CMO Advisory Board members

Common Law Firm Landing Page Problems to Address


by Jamilla Tabbara

Identify key issues on law firm landing pages to improve client engagement and conversion.

Laptop showing law firm landing page analytics

Changes in California Employment Law for 2025


by Laurie Villanueva

What employers need to know to ensure compliance in the coming year and beyond

A pair of hands holding a checklist featuring a generic profile picture and the state of California

New Employment Law Recognizes Extraordinary Stress Is Everyday Reality for NY Lawyers


by Bryan Driscoll

A stressed woman has her head resting on her hands above a laptop

Turn Visitors into Clients with Law Firm Website SEO That Converts


by Jamilla Tabbara

Learn how to create high-converting law firm landing pages that drive client engagement and lead generation.

Laptop screen displaying website tools to improve client conversion rates

SEO for Law Firms: Overcoming Common Challenges


by Jamilla Tabbara

Tackle common SEO challenges and take the next step with our guide, How to Make Your Law Firm Easier to Find Online.

Graphic image of a phone displaying SEO rankings, with positions 1, 2 and 3 on the screen

Best Lawyers Introduces Smithy AI


by Jamilla Tabbara

Transforming legal content creation for attorneys and firms.

Start using Smithy AI, a content tool by Best Lawyers

Medical Malpractice Reform Trends in Texas, Utah, Georgia and SC


by Bryan Driscoll

A fresh wave of medical malpractice reform is reshaping the law.

Medical Malpractice Reform Trends hed