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Artificial intelligence (AI) has become a game-changer in the business world, helping to drive efficiencies, spark innovation and unlock new growth opportunities. According to PwC, AI could add a staggering $15.7 trillion to the global economy by 2030.
As more companies embrace AI technologies, the demand for AI-skilled employees is skyrocketing. McKinsey’s latest data shows a 21-fold increase in job postings mentioning AI technologies like “ChatGPT” since these tools were introduced, highlighting the rapid integration and growing need for AI skills. According to a report from Skillsoft, more than one-third of C-suite leaders identified cybersecurity and AI as top investment areas for training.
As AI continues to revolutionize how we work, the demand for AI expertise is on the rise across business sectors. According to the recent Future of Jobs Report by the World Economic Forum, here are the top industries with the highest demand for AI skills:
As AI continues to reshape industries, HR managers face the critical task of preparing their workforce to thrive in this AI-driven future. Thought leaders like Andrew Ng, a prominent AI expert, emphasize the importance of education and training, stating, “AI is the new electricity. Just as electricity transformed every major industry a hundred years ago, AI will transform every major industry in the future.”
To help HR managers navigate this transformation, here are six proven strategies to effectively upskill your workforce for AI, including training and development programs, and tips for hiring foreign talent with AI expertise.
Begin by assessing the skills of your current workforce and identifying gaps that need to be filled to support AI initiatives. Collaborate with department heads and AI specialists to pinpoint the specific AI-related skills required for your business.
Getting started:
Design training programs that cater to varying levels of AI knowledge and expertise within your organization. This can include foundational courses for beginners and advanced technical training for more experienced staff.
Foster an environment where continuous learning is encouraged and valued. Providing ongoing support and resources for employees to expand their AI skills will help maintain their enthusiasm and commitment.
Encourage employees who have acquired AI skills to share their knowledge with colleagues. This can be done through mentorship programs, internal workshops and collaborative projects.
Given the global nature of AI, hiring foreign workers already skilled in AI provides an immediate impact, complementing your upskilling strategy and ensuring that your organization can tackle complex projects from day one.
Outline clear career development pathways for employees specializing in AI. This motivates employees to upskill and helps retain top talent by offering them a vision for their future within the company. Getting started:
Upskilling your workforce for AI is a first step that can propel your organization and open up new opportunities for efficiency, collaboration and growth. By identifying skills gaps, developing robust training programs and hiring experienced foreign workers, you can build a resilient and innovative workforce that’s ready to maximize the full potential of AI. As Andrew Ng aptly puts it, “The AI transformation is coming. Embrace it, and your organization will thrive.”
In this week’s episode, BAL’s Tiffany Derentz met with Pur Biel, a member of the International Olympic Committee, to talk about his inspiring journey from Sudanese refugee to Olympian. Plus, we discuss updates for DACA college graduates and other top immigration news.
Explore more episodes of the BAL Immigration Report podcast, available on Apple, Spotify and the BAL news site.
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 number of migrants seeking to enter the U.S. at the Mexico border reached historic levels in 2023, with a record 2.5 million land border encounters with individuals lacking proper authorization to enter the U.S.
In addition, a less publicized situation occurring within our borders is a shortage of workers to fill jobs not otherwise being filled by the documented labor force. According to the Bureau of Labor Statistics, as of May 30, there were 8.1 million job openings in the U.S., and, as of Jan. 1, only 6.1 million available workers to fill those jobs.
The Society for Human Resource Management highlights that 46% of U.S. organizations are experiencing workforce disruptions because of a shortage of available workers and 57% of organizations report that they would benefit from an increase in legally authorized workers on visas.
At the intersection of these two issues is a compassionate and nonpolitical solution to a highly divisive humanitarian issue: matching qualified migrants with employers facing shortages of workers by leveraging the existing H-2A and H-2B legal frameworks.
Further, with proposed H-2A fee legislation being circulated through several House committees by Rep. Delia Ramirez, D-Ill., now may be the time to revisit and invest in these programs.
This visa solution could boost the productivity of American businesses and improve the overall economy, while offering fair wages, housing and other benefits to the many migrants who come to the U.S. in search of a better life than the one they left behind.
The H-2A and H-2B programs provide short-term visa status for workers in the agriculture industry, as well as in nonagricultural jobs that are temporary in nature.
Under these frameworks, the U.S. Department of Labor would assess the labor market, U.S. Citizenship and Immigration Services would vet employers, and U.S. Customs and Border Protection and the U.S. Department of State would assess migrants’ skills, conduct background checks and provide legitimate work authorization.
The short-term nature of the H-2A and H-2B visas is appealing because applicants are required to undergo a biometric and security screening each time they renew their status.
The H-2A visa is reserved for jobs that are, by definition, agricultural in nature. There is no numerical limitation on the H-2A visa, and before recruiting or transporting H-2A workers, employers must prove that there is a demonstrated shortage of U.S. workers.
This visa also provides protections for both U.S. and foreign workers. For example, employers must pay workers the higher of the adverse-effect wage rates, the DOL prevailing wage, or the federal or state minimum wage.
Employers must pay a worker’s inbound and outbound transportation costs, and provide a per diem for each day of travel.
And, most significantly, employers must provide housing that meets all applicable safety standards, which addresses the problems that many major metropolitan areas are experiencing with new immigrants becoming homeless or occupying shelters.
The H-2A visa program would provide migrants with work authorization, fair wages and family benefits, without a numerical limit on registrations.
The H-2B visa is for jobs that are temporary in nature, such as seasonal, peak-load, one- time occurrence or intermittent jobs. Landscaping and seasonal resorts are two examples of industries that utilize the H-2B visa.
Like the H-2A visa, the H-2B visa process involves a test of the labor market to prove that there is a shortage of U.S. workers. It also requires fair wage protections and family benefits. Unlike the H-2A visa, however, there is no requirement to provide housing and a statutory limitation of 66,000 visas available each year applies.
Many of our clients have used the H-2B program to hire foreign national workers with varying results. Some have found it to be a reliable source for seasonal talent, while others have said it has become unreliable.
By increasing utilization of the H-2A and H-2B programs for new immigrants who arrive at the U.S. borders with the skills and willingness to do jobs for which employers have a demonstrated need, Congress could put a big dent in the border issue while also helping such companies grow and thrive.
But this solution does not come without barriers.
First, Congress would need to statutorily authorize an increase in the H-2B statutory annual cap. The demand for H-2B visas far surpasses their availability each year. Last year during this filing period, the DOL received 8,693 applications, requesting 142,000 positions. This year, the DOL received 8,817 applications, requesting 138,000 positions.
Congress, in recognition of the historical and current demand has, for the last several fiscal years, authorized supplemental caps, and often does so through appropriations and omnibus legislation. Additional countries, such as Venezuela and Cuba, should be considered in the expansion of this cap program as well as an increase in the general visa numbers that include Mexico.
Countries that have high levels of arrivals at the southern border would need to be designated by the U.S. Department of Homeland Security for purposes of H-2A and H-2B visas.
Currently, countries receiving additional supplemental visa numbers under the H-2B visa program include El Salvador, Honduras, Guatemala, Haiti, Costa Rica, Colombia and Ecuador. The U.S. Agency for International Development is presently working with those foreign ministries to train U.S. consular officials on the H-2 visa programs.
The foreign ministries in these countries are also tasked with vetting applicants in conjunction with helping to grow the awareness of the program in these countries.
Critics may draw comparisons to the controversial Bracero program, a government-sponsored program that brought millions of Mexican farm and railroad workers to the U.S. for seasonal jobs between 1942 and 1964. Harsh conditions and low pay eventually led to its end.
However, the current H-2A and H-2B framework offers better protections for migrant workers’ well-being and better pay —protections that did not exist during the Bracero program.
The comprehensive approach of utilizing visa categories that are already within our immigration toolbox offers a humane and economic solution that addresses the situation at the border, which has left many migrants and local communities without viable programs or opportunities, and helps companies overcome worker shortages.
To make these changes will take political willpower, but at the collision of two separate crises lies possibility and progress.
Ashley Foret Dees and Jeff Joseph are BAL Partners (based in Houston and Denver, respectively) who oversee the firm’s H-2A agricultural and H-2B temporary visa programs.
This article originally appeared on Law360.
In this week’s episode, we examine a recent H-2A report, discuss the new Farmworker’s Protection Rule and outline the Biden administration’s Spring regulatory agenda updates. We also kick off our Olympics-focused series with a look at what it takes from an immigration perspective to get Team USA to the games. Explore more episodes of BAL’s podcast, the BAL Immigration Report, available on Apple, Spotify and the BAL news site.
BAL was named one of the most diverse law firms in the United States by The American Lawyer on its 2024 Diversity Scorecard for Minority Representation.
BAL ranked No. 3 out of 208 law firms included in the report.
More than 55% of BAL attorneys are racially or ethnically diverse, including 62% of the firm’s equity partners.
“Diversity is one of BAL’s greatest strengths,” said Jeremy Fudge, CEO of BAL. “We take great pride in our inclusive workplace and the sense of belonging it creates among BALers. Our diversity also enhances our interactions with clients and their employees, who hail from all over the globe.”
This recognition reflects BAL’s continued efforts to build a diverse, equitable and inclusive workplace. The firm fosters inclusivity with its intentional, thoughtful DE&I initiatives that serve to bring together diverse perspectives, experiences and practices.
Additionally, BAL performs internal and external benchmarking to ensure our ability to recruit and retain diverse talent in the current competitive job market. Our recruiting strategy includes outreach to minority students at Historically Black Colleges and Universities as well as other minority student groups, such as BALSA, LALSA and Lavender Law, at universities that BAL partners with for recruitment.
The American Lawyer also recognized BAL as the No. 1 firm on its Women in Law Scorecard.
BAL continued its streak of success in recruiting and promoting women in the legal profession, earning No. 1 on the Women in Law Scorecard for the sixth year running.
“This streak of No. 1 rankings is well-deserved recognition of BAL’s ongoing, strong support of women in the legal profession,” said Frieda Garcia, BAL managing partner. “BAL’s success in fostering a culture of achievement and belonging for women is reflected in my own journey to becoming the first female managing partner of the firm.”
In 2023, women comprised over 64% of BAL attorneys. Half of the firm’s equity partners were women, and 63% of both partners — nearly a quarter of whom are also minorities — and associates were women.
BAL’s sixth-consecutive No. 1 ranking shows it continues to be the law firm of choice for female attorneys. The firm intentionally cultivates a collaborative culture and offers innovative talent development and elite performance transformation programs. These efforts bolster every team member’s personal and professional goals, the latter of which is further supported by leadership development programs that create a supportive environment for BALers to enjoy more fulfilling careers.
The Women in Law Scorecard annually ranks the nation’s largest firms based on their percentages of women attorneys; 247 law firms were included in 2024’s iteration. This year for the first time, the Scorecard was released as part of The American Lawyer’s Diversity Scorecard; previously, the report was published in tandem with the National Law Journal.
In this week’s spotlight, BAL’s Josiah Curtis and Shane Andrews discuss hot topics from this year’s SHRM conference, from a potential H-1B second lottery to Kelly Clarkson.
Top immigration news clips include the Supreme Court’s overturn of the Chevron doctrine and Ireland’s new Employment Permits Act 2024.
Get these insights and more in the latest episode of BAL’s podcast, the BAL Immigration Report, available on Apple, Spotify and the BAL news site.
This alert has been provided by the BAL U.S. Practice Group.
The Supreme Court rules in a visa denial case involving a U.S. citizen and her non-immigrant spouse.
An American Immigration Council report reveals increasing reliance on H-2A workers.
BAL’s Steven Plastrik breaks down the results from our election survey.
President Biden announces a policy to protect undocumented spouses of U.S. citizens.
The administration moves toward streamlined work visa processes for some DACA beneficiaries.
And we sit down with the American Immigration Lawyers Association’s new president-elect, BAL’s Jeff Joseph, to survey the immigration landscape and discuss AILA’s focus on becoming more inclusive.
Get this news and more in the latest episode of BAL’s podcast, the BAL Immigration Report, available on Apple, Spotify and the BAL news site.
It is no exaggeration to say that the 2024 presidential election may have dramatic consequences on U.S. immigration.
The Republican candidate, former President Donald Trump, and the Democratic nominee, Vice President Kamala Harris, differ not only in their rhetoric about immigration but also in the policies their administrations pursued in their respective terms in office. While unauthorized immigration and the border dominate the headlines, business immigration would bear the impact of a change in administrations as well.
So, what do employers think?
BAL recently surveyed business leaders about their immigration programs, how they plan to support their workforce and how they are preparing for the election. In all, we received 111 responses. Answers varied, but a few trends emerged.
Nearly 6 in 10 respondents (59%) said their organization found it “somewhat” or “much” easier to meet foreign talent needs in the last four years. Another 23% said there was not much change for their organization, while 18% said it was “much harder” or “somewhat harder.”
We also asked about the potential changes the administration should prioritize for the remainder of Biden’s term, allowing respondents to pick more than one answer.
Other priorities for employers included reducing Department of Labor wait times, stabilizing Deferred Action for Childhood Arrivals (DACA) and securing the U.S.-Mexico border.
While the election has the potential to disrupt immigration policies and procedures, employers remain committed to their foreign national employees.
Two-thirds of respondents (67%) said they “are doing as much as (they) can” with existing resources to protect the work status of foreign national employees prior to the election. An additional 15% said they are expanding resources.
Respondents were split regarding when they will start planning for possible changes, with roughly half saying they have already begun doing so or will this summer and the other half saying they will wait until the fall or after the election.
A plurality of survey respondents said they had not yet begun communicating with their organization’s leadership or foreign national employees but that they plan to do so.
It is understandable that many employers said they don’t know where to start when communicating about the election. The uncertainty of the outcome makes preparation and communication difficult.
There are steps employers can take now, however, including encouraging foreign national employees to move up their timelines for travel and visa renewals; prioritizing certain petition filings to take advantage of current policies; and reviewing employee populations and company policies to help identify the likely effects of a potential change in administration.
BAL is able to assist in these endeavors and will continue providing additional information and resources as we move through election season.
BAL’s election survey was open to the public May 14 through June 5. There was a total of 111 survey respondents, with immigration program sizes ranging from fewer than 10 petitions to more than 500 petitions filed per year. Respondents included a mix of in-house attorneys, immigration program managers and human resources and global mobility professionals, among others.
Respondents represented more than 20 industries, including:
Respondents represent businesses with small, mid-size and large immigration programs.
Steve Plastrik is a senior associate on BAL’s Government Strategies team. If you are interested in speaking with a BAL attorney about how to prepare for any election outcome, contact us. To learn more about BAL Community, visit https://community.bal.com.