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In this week’s episode, BAL’s David Wagner and Nathan McKinlay-Roy discuss when employers should consider treaty visas as viable options for their immigration programs. Plus, the latest immigration news.
Explore more episodes of the BAL Immigration Report podcast, available on Apple, Spotify and the BAL immigration news page.
This podcast has been provided by the BAL U.S. Practice Group.
Copyright © 2024 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries, please contact copyright@bal.com.
The impact of artificial intelligence in our personal and professional lives grows exponentially day by day. According to a recent Forbes study, 64% of businesses expect AI to increase productivity and 42% expect it to streamline job processes.
As AI technology continues to revolutionize various industries, it is transforming the way companies operate and significantly impacting how employers effectively recruit and manage global talent.
This analysis of our recent AI technology survey results provides insights on the sentiments shared by human resources and mobility professionals who work with foreign national employees and manage in-house immigration programs. The survey reflects how they are leveraging AI to improve communications, compliance and workflows.
A total of 125 responses were received from companies across various industries revealing the following trends:
According to our survey data, more than 80% of participants indicated that human resources and global mobility professionals are the primary users of the AI tools used in their immigration processes.
Document verification and compliance monitoring ranked almost equally among respondents as the immigration processes that could benefit the most from AI.
As previously noted, 57% of respondents identified compliance with immigration laws, along with accuracy and reliability, as their top concerns regarding the use of AI in immigration and visa management processes. Additionally, data privacy/security and cost of implementation are significant concerns.
*Respondents were able to select multiple concerns
Although 57.6% of the companies responding will be making moderate or significant investments in AI technology, 42.4% noted that they will be making either minimal or no investment in AI technology, suggesting reluctance or economic caution by a sizable share of the audience.
Overall, companies with foreign national employees and immigration programs have been adopting AI technology to facilitate workflows, despite evident concerns about risking further investment in AI technology. The survey results underscore the critical role that AI technology plays in streamlining HR and global mobility processes for foreign national employees.
Among the respondents, almost 60% are not currently working with immigration law firms to help with managing their immigration programs. However, to fully leverage the technological advancements in AI, partnering with a leading corporate immigration law firm is essential. BAL provides innovative AI technology and exceptional legal expertise to help ensure compliance and reduce risk. We provide tailored services that can adapt to the unique needs of any size organization to keep you in compliance with immigration laws, minimize delays and increase visa approval rates so you can get the top talent you want.
If you are interested in speaking with an immigration expert about how BAL leverages AI to power its proprietary platform and help clients secure top global talent, improve their immigration programs and navigate complex visa processes for foreign national employees, contact us here.
BAL’s AI technology survey was open to the public Sept. 16 through Oct. 4. There was a total of 125 survey respondents, with the number of foreign nationals employed ranging from 10 to 1,000+. Respondents included a mix of in-house attorneys, immigration program managers and human resources and global mobility professionals. Over half (52.8%) of the respondents divide immigration management across various departments, with 42.4% handling all immigration management within one department.
The outcome of the 2024 presidential election will have significant implications for immigration policy, particularly concerning high-skilled immigration. Both candidates are expected to implement very different policies, impacting how companies hire and build out their talent pipelines. Lynden Melmed, BAL partner and head of Government Strategies, joined Bloomberg Technology hosts Ed Ludlow and Caroline Hyde to discuss that while there is a commonality among voters from both parties that high-skilled immigration benefits the U.S., the candidates have opposing views on immigration policy.
For instance, if former president Donald Trump is re-elected, we can anticipate swift action on travel bans and restrictions on immigration, which will impact businesses’ ability to hire foreign-born talent. Companies are preparing for any election result and are ready to act quickly during the post-election period if necessary.
For more insights, watch the full segment on Bloomberg TV. You can also explore BAL’s Election Resource Center and download our guide to prepare for any election outcome.
During the first Trump administration, U.S. Immigration and Customs Enforcement (ICE) ramped up investigations for Form I-9 violations. From 2017-18, I-9 investigations increased 340%, workplace criminal arrests rose 460%, workplace administrative arrests jumped 787% and the number of workplace enforcement cases initiated increased 305%.
Regardless of the election outcome, companies should be proactive about I-9 compliance — especially in the event of a second Trump term. Here are some reminders concerning I-9 compliance and tips to safeguard your organization from potential I-9 violations and penalties.
Form I-9, Employment Eligibility Verification, is the form all U.S. employers are required to use by law to verify that new hires are authorized to work in the United States. Employers must also “re-verify” the employment authorization of employees who have temporary forms of work authorization (i.e., with an expiration date).
While maintaining compliance with Form I-9 obligations may appear straightforward, there are varied rules and requirements around what documentation employees may present to verify their identity and authorization to work, and how the employer must record and maintain that information.
Requirements associated with Form I-9 also change frequently. For example, rules around automatic extensions of certain employment authorization documents have evolved significantly in recent years. The government also launched a new “virtual” I-9 review option for certain E-Verify employers in 2023 that brought its own opportunities and challenges for employers.
Violations found during a government I-9 audit can result in steep fines and penalties for the employer. The Department of Homeland Security recently increased fines for I-9 paperwork violations. As of 2024, fines range from $281 to $2,789 per I-9 violation. In addition, employers that fail to administer their employment eligibility verification programs in a nondiscriminatory manner may be subject to investigation by the U.S. Department of Justice Immigrant and Employee Rights Section (IER).
Companies regularly work with in-house counsel to audit their financial and tax records as part of their routine compliance regime. The same should be true of I-9 records. You should proactively conduct internal I-9 audits to ensure you are compliant with all I-9 requirements and prepared in the event of an official government audit.
Since penalties are assessed for each noncompliant I-9 form, they can quickly multiply if, for example, the same incorrect procedure is applied across multiple I-9 forms. If your company’s self-audit turns up I-9 errors and HR tries to correct them internally, it is critical to ensure the correction is both accurate and adheres to appropriate procedures.
Companies often use commercial or proprietary Form I-9 software programs to complete the Form I-9 and E-Verify processes. In a fact sheet released in December 2023, IER and ICE stressed that using such programs do not “guarantee an employer’s compliance with federal law.”
Your organization remains liable for any errors or violations on the Form I-9, regardless of whether you leverage an electronic system. For this reason, you should fully vet any Form I-9 software before transitioning to an electronic solution and put in place rigorous quality control measures.
The simplest way to ensure compliance is to partner with a law firm that specializes in immigration law, is well-versed in the various Form I-9 requirements and is at the forefront of changes in policy and government enforcement trends.
BAL has an entire team of professionals who can assist companies in running I-9 compliance and E-Verify programs, as well as assist with complex matters such as I-9 audits.
Contact our team of I-9 legal experts to discuss how we can help ensure compliance in preparation of potential audits.
In this week’s episode, BAL’s Tiffany Derentz and Brendan Kinne discuss an updated travel program from the U.S. State Department and travel tips for foreign nationals planning to go abroad during the winter holiday season. Plus, the latest immigration news.
Jeff Robins, a top immigration litigator, will chair BAL’s litigation group and join the Government Strategies team.
DALLAS, October 22, 2024 /PRNewswire/ — BAL, the world’s leading corporate immigration law firm, announced today that Jeff Robins, one of the most experienced immigration litigators in the country, has joined the firm. Jeff will chair the firm’s litigation group and be a part of Government Strategies team.
“There is no one else like him in the country,” said Lynden Melmed, partner at BAL and former Chief Counsel of U.S. Citizenship and Immigration Services (USCIS). “Jeff started his career at USCIS and then spent almost two decades litigating immigration cases on behalf of the government. His knowledge of federal litigation in the immigration arena is unparalleled.”
Prior to joining BAL, Jeff served as Deputy Director of the Office of Immigration Litigation District Court Section, placing him at the forefront of the litigation of immigration-related issues including jurisdictional issues, class actions and programmatic, regulatory and constitutional challenges. He advised senior leadership in the Departments of Justice, Homeland Security, State and Health and Human Services, as well as U.S. Citizenship and Immigration Services, U.S. Immigration and Customs Enforcement and U.S. Customs and Border Patrol.
Over the course of his career Jeff has litigated cases in more than 20 federal district courts and a majority of the 13 federal courts of appeal. Jeff has been at the center of high-stakes immigration cases that include complex H-1B visa litigation, the creation and operation of the Deferred Action for Childhood Arrivals and U Visa programs, Temporary Protected Status, conditions of confinement at immigration detention facilities and Denaturalization.
“Litigation is an increasing area of focus for our clients,” said Frieda Garcia, managing partner at BAL. “Companies must monitor ongoing litigation and evaluate when and how to pursue relief on their own. But we also know that there are sensitivities surrounding immigration and that litigating against the federal government requires excellent judgment. We are confident that Jeff will help clients achieve their objectives without creating public relations or political risks.”
Jeff joins the leading Government Strategies team at a critical time for U.S. immigration. Irrespective of who wins the 2024 presidential election, companies will need to adapt in the upcoming year to rapidly changing policies and enforcement priorities.
To learn more about the firm’s Government Strategies team or to set up a consultation, please email balgov@bal.com.
About BAL
Established in 1980, BAL powers human achievement through immigration expertise, people-centered client services and innovative technology. BAL, with 13 offices across the United States and global coverage in more than 185 countries around the world, operates as a single entity through its oneBAL culture — a uniquely holistic approach, intentionally structured as one team, one brand, one P&L, one standard of excellence and one unifying technology. This united approach enables the firm to deliver the highest level of knowledge, insights and resources from across the entire organization. At BAL, we pursue the exceptional. To learn more, visit bal.com.
In this week’s episode of the BAL Immigration Report, Gabriel Castro discusses O-1 visas and why more employers are considering them as an alternative to the H-1B lottery. Plus, the latest immigration news.
The stakes are high for the 2024 presidential election, especially for immigration programs. A change in administrations could result in a reactionary environment and swift immigration challenges on day one.
As we count down to the election, now is the time to prepare your immigration program for any outcome. Download this action plan for guidance on organizing a dedicated working group, identifying foreign national employees who require proactive protection and communicating real-time updates to key stakeholders.
DOWNLOAD
The Diversity Immigrant Visa Program, commonly referred to as the green card lottery, was established by the U.S. government to provide individuals from countries with low immigration rates a chance to live and work in the U.S.
Each year, the U.S. Department of State conducts a random lottery drawing to select 55,000 applicants who will be given the opportunity to apply for a Diversity Visa (DV). This selection process is based on a computer-generated random lottery system, ensuring fairness and equal opportunities for all participants.
To qualify, applicants must be a citizen of a country deemed eligible by the U.S. government and have either a high school education or its equivalent or possess two years of work experience in a qualifying occupation.
Applying for the DV Program is an exciting opportunity for those looking to immigrate to the United States. However, even a minor mistake when filling out the entry form can lead to a major complication in the registration process.
By understanding the most common mistakes and learning how to avoid them, applicants can improve their chances of submitting a successful entry to the green card lottery.
Green card lottery entries are submitted electronically via the Electronic Diversity Visa (E-DV) website during the specified registration period. Although the DV instructions provide detailed guidance for completing the online entry form, there are seven common mistakes — aka “deadly sins” — that could result in delays or even rejection of the application.
The law allows only one entry by or for each person during each registration period. The Department of State uses advanced technology to detect multiple entries. Submissions of more than one entry will be disqualified. Applicants should take the time to review and double-check their information before submitting it.
No late entries or paper entries are accepted. Applicants must use the E-DV website for submission and must submit their application by the specified deadline.
The online registration period for the 2026 DV Program is open now through Nov. 5, 2024, at 12 p.m. Eastern Standard Time (EST) (GMT-5).
Applicants should ensure their name and surname are entered exactly as they appear on their passport or other identification documents. They should avoid using nicknames or name variations to prevent discrepancies that could raise concerns during the review process. Applicants should also double-check the date of birth and make sure the correct day, month and year are entered. Inaccuracies in this section can lead to delays or even rejection of the entry form.
Applicants should make sure to include all immediate family members in the entry, including a spouse and any unmarried children under the age of 21. Failure to list any eligible family members can result in their exclusion from the program.
Be cautious of third-party websites claiming to assist with the entry process. These sites often charge unnecessary fees and may provide inaccurate information. It is recommended to visit the official Department of State website or trusted government portal for the application.
Applicants are encouraged to complete the entry form without a “visa consultant,” “visa agent” or any other facilitator who offers to help. If an agent is used, the applicant should be present when the entry form is prepared so that the correct answers to the questions can be provided and the applicant can retain the confirmation page and unique confirmation number.
As we outlined above, to avoid rejection or delays applicants should ensure that all required fields are filled out. Missing information or leaving any mandatory fields blank can result in disqualification. It’s important to take the time to carefully review the form and provide accurate and complete responses.
To qualify, an applicant must either have a high school education or equivalent, defined as the successful completion of a 12-year course of formal elementary and secondary education. Alternatively, an applicant must have at least two years of work experience within the past five years in an occupation that requires a minimum of two years of training or experience.
Being aware of these common reasons for disqualification and learning how to avoid them can help ensure the Diversity Immigrant Visa Program entry is filled out correctly, providing applicants the chance of selection in the green card lottery.
While this is one route to a green card, there are more paths that don’t rely on luck. For example, a National Interest Waiver (NIW) is an immigrant visa that creates a path to a green card without a job offer or labor certification. The NIW is an alternative to the traditional PERM process and is available to those whose work is deemed to be in the national interest of the United States.
There are many ways to get a green card in the United States and the process generally involves a petition, an application, a biometrics appointment, interviews with immigration officials and decisions that potentially come with requests for more information and documents. The processing time for a green card can also vary from one to six years, depending on demand.
While BAL can’t increase an applicant’s luck in the Diversity Immigrant Visa Program, our legal experts are available and ready to help employers identify the best strategy for those looking to immigrate to the United States.
In this week’s episode, BAL’s Steve Plastrik highlights the immigration trends for Fiscal Year 2024 that impacted employers including H-1B selection rates.
View the links below for visualized data of the trends mentioned in his analysis:
Have you started preparing for the upcoming H-1B cap season? Let us help you with your planning Register for the BAL Community Benchmarking webinar: H-1B Cap Planning on Oct. 16 with special guest Catalina Komin, Immigration & Mobility Specialist for Analysis Group.
All in-house immigration professionals can join the BAL Community and access all webinars and employer resources for free.
This alert has been provided by the BAL U.S. Practice Group.