1. Immigration – Recent Changes & the Path Forward
Presented by: Jennifer Doreen & Kate Comiskey, University of Oregon
March 15-16, 2018
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2. 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!
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3. 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
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4. The US Immigration System

5. 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
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6. 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
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7. 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
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8. 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)
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9. Immigration Considerations in Hiring and Retaining Talent

10. Immigration Considerations in Hiring & Retaining Talent
Recruiting
Hiring
On-going compliance
Separation
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11. 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
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12. 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
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13. 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
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14. 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
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15. Immigration Considerations in Separation
Sponsored employee
Return flight home
Withdrawal of sponsorship
Continuing obligation to pay wages even if position is terminated
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16. Impact of Recent Trends

17. 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
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18. 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
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19. Best practices

20. Best practices Seek professional guidance on immigration issues
Close working relationship between HR and employment-based immigration office
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21. 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
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22. Questions
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23. Thank You
Jennifer Doreen Kate Comiskey Certificates of attendance, including any HRCI/SHRM Credits awarded, will be ed to attendees along with a link for feedback on today’s presentations.
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