With the Presidential election over and recent Cabinet appointments, changes on immigration policy will likely occur in some fashion. Recent President-Elect’s comments and the appointment of Sen. Jeff Sessions as Attorney General give some indication of stronger immigration enforcement in the near future. So, what does this mean for Employers and how should Employers begin to plan for any change in employment-related immigration policy?
For Employers with workers on employment-based visas, the Human Resource department should audit these visas and related visa expiration dates. This enables an Employer to address changes on any visa renewals or adjustment of visas once the new Administration focuses on immigration issues in the U.S. This also enables Human Resource professionals to plan ahead for any potential changes in the employer’s workforce.
The Post-Election activity also hints that employers should evaluate its immigration compliance procedures. Anticipating an increase of immigration enforcement means the employer should audit its compliance practices on immigration matters. This includes auditing Form I-9s, immigration practices (like E-Verify), and compliance files.
Ultimately, the employer will want to be in the best position to address any changes in employment-based visas and compliance efforts.
While the above provides some issues for employers to consider, an employer with any questions, should contact an experienced immigration-employment attorney.
Years ago, there were Open Houses when a business opened. Today, with websites there are Launch Dates. We are excited to announce the website for our new Employment & Immigration Law Firm at http://galdean.com/. Please share your comments or sign up for periodic Blogs and Newsletters coming soon.
The EEOC approved its new Enforcement Plan for 2017-2021. The Plan keeps the same priority areas as previous years but adds two more areas. It adds 1) issues related to complex employment relationships and 2) backlash discrimination against those who are Muslim, Sikh, and Arab, Middle Eastern or South Asian descent. The Plan and new areas will likely evolve over the next year as the EEOC gets a new General Counsel when the current General Counsel leaves in December. https://www.eeoc.gov/eeoc/plan/sep-2017.cfm
For Businesses bring talented foreigners to the US, it is sometimes about timing. Getting the individuals into the U.S. can be important for the individual to begin work and the company to stay competitive. Additionally, quickly being processed at the Port, makes the employee’s travel that much less stressful. Now, an individual can secure their I-94 in advance to crossing at the Port with the online I-94 application payment. A business looking to address business immigration issues should contact an experienced immigration attorney. https://www.cbp.gov/newsroom/national-media-release/cbp-makes-online-i-94-application-payment-available-travelers
Happy Citizenship Day! September 17 is Constitution Day and Citizenship Day dedicated to all U.S. citizens, including those who have become naturalized U.S. citizens by choice.
Today, the Department of Homeland Security proposed a Rule directed at International Entrepreneurs. The proposed Rule is to help the U.S. “economy grow by expanding immigration options for foreign entrepreneurs who meet certain criteria for creating jobs, attracting investment and generating revenue in the U.S.” The proposed Rule plans to provide entrepreneurs an initial stay of up to two years to oversee and grow their startup entity in the United States. The next stage of the proposed Rule is to invite public comments over a period of 45 days.
The Wichita Business Journal recognized Trinidad Galdean as a Leader in Diversity for 2016. The recognition was given to five individuals and several organizations for their efforts in diversity and inclusion. Trinidad is the current State President for Kansas Society of Human Resources Management. Information on the award is available in the article on Trinidad in the Wichita Business Journal. http://www.bizjournals.com/wichita/print-edition/2016/05/20/galdean-uses-law-background-to-aid-hispanic.html
Chambers USA has issued its 2015 selection of top Kansas attorneys. Trinidad Galdean was again ranked by businesses and clients as a top lawyer in the labor and employment law area. The Guide states that he is “known for his representation of employers in compliance and litigation.” Trinidad also represents clients on immigration matters. Chambers USA ranks lawyers on several factors investigated by a team of over 140 researchers. Lawyers are ranked in practice areas based on their legal knowledge and experience, their ability, their effectiveness, and their client-service.
Spanish speaking clients and business owners frequently seek out attorney Trinidad Galdean, due to his experience in immigration issues and his ability to address their needs in Spanish. Trinidad utilizes his Spanish speaking ability to assist clients and employers on visa applications and other immigration related matters. It is important for all clients to understand legal issues in their primary language. The U.S. Citizenship and Immigration Services (“USCIS”) recently started a Spanish blog, USCIS Compás, to inform Spanish speaking individuals regarding immigration issues. The USCIS also created a Facebook page, USCIS Español, to provide additional immigration information in Spanish. While these resources are helpful, individuals and business owners should still consider consulting an experienced immigration attorney when dealing with matters of immigration law.