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What are the newer immigration policies and laws that businesses need to be aware of before hiring foreign nationals?

Picture of Chris Battis By   ·  2 minute read

New Immigration Policies and Laws for Hiring Foreign Nationals in the United States

As of January 2021, the following new immigration policies and laws should be considered by businesses before hiring foreign nationals in the United States:

  1. Changes to the H-1B visa program: The H-1B program allows U.S. employers to temporarily hire foreign workers in specialty occupations. The U.S. Citizenship and Immigration Services (USCIS) has announced several changes to the program, including a new H-1B electronic registration process and wage requirements. Employers should ensure they are complying with these changes and that their sponsored employees meet the requirements for the H-1B visa.
  2. Increased scrutiny of L-1 visas: L-1 visas allow foreign workers to transfer to U.S. offices of the same employer in a managerial or executive role. The U.S. Department of Homeland Security (DHS) has increased scrutiny of L-1 visa applications, particularly those involving job duties that are not primarily managerial or executive in nature. Businesses should ensure that their L-1 visa applications are thoroughly reviewed and meet the requirements for the visa.
  3. Changes to the public charge rule: The public charge rule determines whether immigrants seeking permanent residency will be deemed likely to become a public charge, or dependent on public benefits. The rule was changed in 2019 to include more factors in this determination, such as an individual’s health, age, and financial resources. The Biden administration has signaled its intent to review and possibly reverse the rule. Businesses should stay updated on any changes to the rule and how it may affect their sponsored employees seeking permanent residency.
  4. Limitations on H-4 visa holders: H-4 visas are issued to the spouses and children of H-1B visa holders. The previous administration proposed regulations that would have eliminated work authorization for certain H-4 visa holders. While these regulations were not finalized, businesses should be aware of the potential limitations on H-4 visa holders and ensure that their sponsored employees and their families meet the eligibility requirements for the visa.
  5. Travel restrictions due to COVID-19: The COVID-19 pandemic has resulted in various travel restrictions and border closures, which may affect the ability of foreign nationals to enter the United States or obtain visas. Businesses should stay updated on any travel restrictions and ensure that their sponsored employees are able to enter the United States and begin work as planned.

In summary, businesses should be aware of the various immigration policies and laws that may affect their ability to hire foreign nationals. They should ensure that their sponsored employees meet the requirements for the relevant visa and stay updated on any changes or limitations to the immigration system. If in doubt, businesses may wish to consult with an experienced immigration attorney for further guidance.