Conference Presentation, Webinar
Immigration Shifts 2019: Prep & Resources for Startups
- Immigration retention strategies are projected to become a key differentiator, with 70% of foreign nationals citing green card policies as a major factor in acceptance decisions.
- H-1B denial rates are expected to rise incrementally, with the administration increasing scrutiny, compliance actions, and potential for issuing denials without prior Requests for Evidence (RFEs).
- RFEs are anticipated to be a certainty for H-1B cases, particularly involving wage level one challenges, "computer programmer" SOC codes versus "software engineer" codes, or mismatches in the Dun & Bradstreet VIBE database.
- Premium processing is currently suspended until February 19th but faces likely extensions and short-term suspensions for cap-based filings, potentially adding a six-month delay for non-premium cases.
- Proposed rule changes include a 60-day filing window for H-1B lottery selections and adjustments to master's degree allocation that may slightly increase selection odds for U.S. master's recipients.
- A proposed redefinition of "specialty occupation" could render wage level one positions ineligible for H-1B status, though this is expected to face legal challenges.
- The H-4 EAD program is under consideration for elimination, requiring companies to develop alternative employment options for spouses.
- J-1 trainees and interns face strict time limits of 12 and 18 months respectively, with extensions generally unavailable except for specific issues with the sponsoring company.
- The L-1 visa requires a foreign entity work history of 12 months within the last three years, with strategic transfers recommended for expanding into new markets.
- Companies facing government shutdowns can utilize documentation of delays caused by the suspension to secure forgiveness for filing lapses in E-Verify, Department of Labor, and H-1B extension cases.
- Compliance risks are heightened regarding job descriptions that include soft skills, failure to update location changes, and lack of internal green card policies, with a recommendation to allocate resources for training and certification.
- Pre-revenue entities must maintain financial documentation to prove legitimacy and avoid RFEs regarding inability to pay, while companies may utilize O-1 visas as a no-quota alternative to H-1B.
- Worksite investigations increased to approximately 6,800 in fiscal year 2018 from 1,600 the previous year, and I-9 audits rose from 1,300 to roughly 6,000, indicating a trend of increased enforcement.
- Canadian work visa processes are described as streamlined to a matter of weeks, offering a potential alternative to the U.S. timeline which often exceeds a year.