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Immigrants: their growing role in our economy -- How to make them part of your business
Immigrants: their growing role in our economy -- How to make them part of your business
Immigrants: their growing role in our economy -- How to make them part of your business
Immigrants: their growing role in our economy -- How to make them part of your business
Immigrants: their growing role in our economy -- How to make them part of your business
Immigrants: their growing role in our economy -- How to make them part of your business
Immigrants: their growing role in our economy -- How to make them part of your business
Immigrants: their growing role in our economy -- How to make them part of your business
Immigrants: their growing role in our economy -- How to make them part of your business
Immigrants: their growing role in our economy -- How to make them part of your business
Immigrants: their growing role in our economy -- How to make them part of your business
Immigrants: their growing role in our economy -- How to make them part of your business
Immigrants: their growing role in our economy -- How to make them part of your business
Immigrants: their growing role in our economy -- How to make them part of your business
Immigrants: their growing role in our economy -- How to make them part of your business
Immigrants: their growing role in our economy -- How to make them part of your business
Immigrants: their growing role in our economy -- How to make them part of your business
Immigrants: their growing role in our economy -- How to make them part of your business
Immigrants: their growing role in our economy -- How to make them part of your business
Immigrants: their growing role in our economy -- How to make them part of your business
Immigrants: their growing role in our economy -- How to make them part of your business
Immigrants: their growing role in our economy -- How to make them part of your business
Immigrants: their growing role in our economy -- How to make them part of your business
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Immigrants: their growing role in our economy -- How to make them part of your business

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Immigrants are contributing to both the development and growth of our state’s economy. Their role in replacing retiring workers and supporting business growth is particularly important. Learn about …

Immigrants are contributing to both the development and growth of our state’s economy. Their role in replacing retiring workers and supporting business growth is particularly important. Learn about their contributions and how you can make this growing and productive workforce part of your business.

Published in: Business, Career
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  • 1. Minnesota Chamber of Commerce Immigrants: Their growing role in our economy and how to make them part of your business October 3, 2013 Bill Blazar, Senior Vice President, Minnesota Chamber of Commerce Beth Carlson, Counsel, Faegre Baker Daniels Elaine Kumpula, Counsel, Faegre Baker Daniels
  • 2. Agenda ► Overview ► U.S. Work Visas and Employment-Based Permanent Residence ► I-9 and E-Verify - Government Compliance for your Growing Workforce ► Global Mobility ► Comprehensive Immigration Reform – Potential Impact on Minnesota Companies
  • 3. U.S. Work Visas Common visa categories for Minnesota companies: ► H-1B ► L-1 ► TN ► O-1 ► J-1 ► B1/B-2 ► F-1
  • 4. H-1B Specialty Worker ► Job must require at least a bachelor’s degree in a particular field and foreign national must have such degree ► Labor Condition Application (LCA) ► Annual Cap ► 65,000 + 20,000 exemption for U.S. advanced degree holders ► File April 1 for October 1 start date ► 6 year time limit – some extensions available with long-pending permanent residence application ► Family members are H-4, spouses may not work ► H-1B portability
  • 5. L-1 Intracompany Transferees ► Employed by related company abroad for one year ► L-1A multinational manager ► L-1B specialized knowledge employee ► 5 /7 year time limit ► Family members are L-2, spouses may work ► Current government scrutiny
  • 6. TN Professionals for Citizens of Mexico and Canada ► Job must be on TN list of allowed professional occupations ► Most require a bachelor’s degree ► Initial 3 year period of approvals, further extensions allowed ► Canadians may apply in person at the border ► Family members are TD, spouses may not work
  • 7. Other Types of Work Authorization ► Employment Authorization ► DACA ► Asylees/Refugees Cards
  • 8. Overview of Employment-Based Permanent Residence (“Green Card”) Process ► Three-step process: 1. PERM 2. I-140 3. I-485 ► Exceptions to PERM ► Multinational Managers ► Outstanding Researchers/Professors ► Person of Extraordinary Ability ► National Interest Waiver
  • 9. PERM Labor Certification ► Step 1 of permanent residence process ► DOL requirements ► Prevailing wage determination ► Required recruitment ► ETA-9089 filed electronically with DOL ► Current processing times ► Increase in PERM audits, supervised recruitment and denials
  • 10. Visa Backlogs – Permanent Residence ► Visa Bulletin ► EB-1, EB-2 and EB-3 preference categories ► Priority dates ► Recent updates
  • 11. I-9 and E-Verify – Government Compliance for Your Growing Workforce ► Form ► ► ► ► ► ► I-9 Obligations All employers must verify work authorization and identity documents and complete Form I-9 for all employees hired after November 6, 1986 Employee must complete Section 1 on or before the first day of employment Employee must present documents and Employer completes Section 2 within 3 business days of first day of employment. (Thursday Rule) E-Verify query must also be conducted within 3 business days of the first day of employment I-9 Retention: Employer must retain original I-9s for three years after hire or one year after termination of employment, whichever is longer I-9 Resources (I-9 Central @ www.uscis.gov and M-274 Handbook for Employers)
  • 12. I-9 and E-Verify – Government Compliance for Your Growing Workforce ► New ► ► ► ► ► ► ► ► Form I-9 On March 8, 2013, USCIS released a new version of the Form I-9 Employer must begin using the new Form I-9 on May 7, 2013 After May 7, 2013, prior versions of the form are not acceptable Form I-9 expanded to 2 pages Instructions expanded to 6 pages New block formatting to make it easier to enter information No substantive changes to I-9 process No substantive changes to List of Acceptable Documents
  • 13. I-9 and E-Verify – Government Compliance for Your Growing Workforce ► What ► ► ► ► ► ► ► is E-Verify? Free, web-based employment verification program E-Verify is operated by the U.S. Citizenship and Immigration Services (USCIS), part of the Department of Homeland Security (DHS), in partnership with the Social Security Administration (SSA) E-Verify electronically checks information provided by the employee on his or her Form I-9 against records contained in DHS and SSA databases Use of E-Verify is limited to determining the employment eligibility of new hires only Employer submits online query; instantaneous results Tentative Non-Confirmation Photo Screening Tool – must retain copies of cards (PRC, EAD, US Passport)
  • 14. I-9 and E-Verify – Government Compliance for Your Growing Workforce ► Proactive ► ► ► ► ► ► ► ► ► ► ► Steps on Immigration Compliance DO: Conduct internal I-9 training and regular internal audits DO: Have a written I-9 and Immigration Compliance policy DO: Follow a practice of addressing reports of illegal employment DO: Implement a practice of addressing SSN no-matches DO: Consider E-Verify, electronic I-9s systems and other programs to help in compliance DO: Take notices from all state and federal agencies seriously DO: Enforce policies and practices uniformly and consistently for all personnel DO NOT: Impose different or more stringent standards on certain employees
  • 15. Global Mobility – What is this? ► Sending U.S.-based employees abroad ► Sending non-U.S.-based employees abroad ► Sending non-U.S.-based employees to the U.S. ► Business visits / Employment
  • 16. Global Mobility – What do we do and how do we help? ► Coordination of employee moves around the globe ► Expatriate programs ► Assignment letters ► Secondment agreements ► Visas ► Work permits ► Residence permits ► Tracking services ► Extensions of stay ► Exit requirements ► Employment law compliance ► Tax compliance
  • 17. Comprehensive Immigration Reform What it May Mean for Minnesota Companies ► S.744 – “Border Security, Economic Opportunity, and Immigration Modernization Act” ► Bill introduced in the Senate on April 16, 2013 ► More than 500 amendments by Senators ► Passed on June 27, 2013
  • 18. Comprehensive Immigration Reform What it May Mean for Minnesota Companies ► Border Security ► Immigrant Visas ► Registered Provisional Immigrant program ► Undocumented immigrants who arrived as children – DREAM Act ► Undocumented agricultural workers ► Legal Immigration Reforms ► Merit-based point system (Track 1) ► Track two merit-based system
  • 19. Comprehensive Immigration Reform What it May Mean for Minnesota Companies ► Employment-based Immigration ► Country-specific limits on employment-based immigrant visas eliminated ► STEM graduates exempt from labor certification ► E-Verify will be expanded and mandatory for all employers over a 5-year period
  • 20. Comprehensive Immigration Reform What it May Mean for Minnesota Companies ► Reforms to Nonimmigrant Visa Programs ► Changes to L -1 and H-1B visa categories ► New W work visa ► Investor visas ► Other changes
  • 21. Comprehensive Immigration Reform What it May Mean for Minnesota Companies ► If the House acts, it will pass a series of immigration bills and not just one bill like the Senate ► Border Security Results Act (H.R. 417) ► Strengthen and Fortify Enforcement Act (SAFE Act) (H.R. 2278) ► Legal Workforce Act (H.R. 1772) ► SKILLS Visa Act (H.R. 2131) ► Agricultural Guestworkers Act (H.R. 1773)
  • 22. Questions? 22
  • 23. Minnesota Chamber of Commerce Immigrants: Their growing role in our economy and how to make them part of your business October 3, 2013 Bill Blazar, Senior Vice President, Minnesota Chamber of Commerce Beth Carlson, Counsel, Faegre Baker Daniels Elaine Kumpula, Counsel, Faegre Baker Daniels

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