Immigration – Recent Changes & the Path Forward Presented by: Jennifer Doreen & Kate Comiskey, University of Oregon March 15-16, 2018 Session #

Session Rules of Etiquette Please silence your cell phone. If you must leave the session early, please do so as discreetly as possible. Please avoid side conversation during the session. Thank you for your cooperation! Session #

Agenda Provide foundational background on US immigration system Immigration considerations in hiring & retaining talent Recent trends and the impact on our institutions & employees Best practices Session #

The US Immigration System

Immigration Pathways Routes Length of Authorized Stay Employment-Based Family-Based Public Interest Humanitarian Length of Authorized Stay Non-Immigrant: Temporary (for some categories up to 6-7 years) Immigrant/Permanent Resident/“Green Card”: No time limit Citizen: Full rights of citizenship Right to vote Session #

Immigration Agencies US Citizenship & Immigration Service (USCIS) Grants immigration benefits to applicants inside the US who meet the eligibility requirements Department of Labor (DOL) Reviews impact on labor market of hiring foreign workers on employment-based immigration statuses Department of State (DOS) Conducts background screening for non-US-citizens wanting to enter the US Customs & Border Enforcement (CBP) Decides, at the border, which non-US-citizens can enter the US Session #

Immigration Status Visa Requirements Benefits Document Passed the Department of State’s background/security checks Met the eligibility requirements for the visa category Benefits Board a plane to the US Authorizes Customs & Border Protection to consider allowing me to enter the US Document Sticker in passport Session #

Immigration Status Status Requirements Benefits Document Met eligibility requirements for the visa category Inside the US Entered the US with a visa; or Changed status inside the US by applying with USCIS Benefits Physical presence in the US Some statuses may authorize work in the US Document Form I-94 (available online) Other forms listed in M-274 (I-9 Handbook for Employers) Session #

Immigration Considerations in Hiring and Retaining Talent

Immigration Considerations in Hiring & Retaining Talent Recruiting Hiring On-going compliance Separation Session #

Immigration Considerations in Recruiting Non-Discrimination Protected Classes: National Origin Citizenship or Immigration Status Protected: U.S. citizens, recent permanent residents (not eligible for citizenship for the last 6 months), temporary residents, asylees, & refugees NOT Protected Class: Non-US-Citizens without work authorization “will [the applicant] now or in the future require sponsorship for an employment visa status.” US Office of Special Counsel for Immigration-Related Unfair Employment Practices Session #

Immigration Considerations in Recruiting Sponsorship policy Based on position Immigration statuses available for a position Duties, minimum qualifications, comparable positions at your institution and in the local job market Immigration statuses available for candidate Country of citizenship, past immigration status, current immigration status, following family members Sponsorship as a recruitment tool Session #

Immigration Considerations in Hiring Start date Same requirements for citizen and non-citizen hires Authorization to work in the US: I-9 Compliance with contract verifications: E-Verify Information for tax withholding: W-4 (RA or NRA), 8233 Session #

Immigration Considerations in On-Going Compliance All employees I-9 Tax withholding Sponsored employees Wages: Required wage floor set by the Department of Labor Wage in the local labor market Wage paid similarly employed workers at the institution Leaves Changes in duties Changes in position Session #

Immigration Considerations in Separation Sponsored employee Return flight home Withdrawal of sponsorship Continuing obligation to pay wages even if position is terminated Session #

Impact of Recent Trends

Recent Trends Buy American Hire American Enforcement prioritized Doesn’t make direct changes Signals change in focus for later implementations Enforcement prioritized Greater scrutiny of applications Increase in audits Deference to prior approvals eliminated Employee may have to leave US on short notice Session #

Recent Trends Additional scrutiny on position eligibility Labor market equivalents for position Positions that previously would have been approved now may not Tech positions highly scrutinized Scrutiny of employment authorization history Previous employment history may make an employee ineligible for current employment Longer processing times Delays of employment eligibility Session #

Best practices

Best practices Seek professional guidance on immigration issues Close working relationship between HR and employment-based immigration office Session #

Summary In the complex and changing world of employment- based immigration, employers have to find trusted professional immigration advisors and forge a close relationship between human resources and their immigration services provider Session #

Questions Session #

Thank You Jennifer Doreen Kate Comiskey Certificates of attendance, including any HRCI/SHRM Credits awarded, will be emailed to attendees along with a link for feedback on today’s presentations. Session #