Episode 63: SHRM pushes for employment-based immigration reforms

Episode 63: SHRM pushes for employment-based immigration reforms

It’s Feb. 29, and this is your BAL Immigration Report.

• The Biden administration moves to allow certain Ukrainians to remain in the U.S.
• H-1B denial rates tick up slightly.
• The Society for Human Resource Management pushes for much-needed reforms to employment-based immigration.

“We’re hoping policymakers are getting more comfortable with voicing their support for immigration reform, and whether that materializes in this Congress or the next is what we have yet to see.”

—Emily M. Dickens, SHRM Chief of Staff and Head of Public Affairs

U.S. News

U.S. offers re-parole to Ukrainians

Certain Ukrainian citizens who entered the U.S. after the Russian invasion of Ukraine began in 2022 are now eligible to apply for a new period of stay. These citizens and their immediate family members can apply for re-parole to stay in the U.S. for up to two more years.

Ukrainians who are approved for re-parole can then apply for initial or renewal employment authorization documents. Applicants must meet certain conditions to qualify.

H-1B denial rates tick up

Fiscal year 2023 H-1B denial rates increased slightly over 2022 but remained quite low compared to rates during the Trump administration, the National Foundation for American Policy reported in a new analysis.

The H-1B denial rate was 3.5% in fiscal year 2023 in comparison to a 2.2% rate in 2022. These figures stand in contrast to denial rates ranging from 13% to 24% during the Trump presidency. The bulk of these additional denials were sustained by medium-sized companies that filed 10 to 100 H-1B applications, which accounted for two-thirds of the increase.

U.S. news roundup

• S. Citizenship and Immigration Services launched new myUSCIS organizational accounts ahead of H-1B cap registration.
• New premium processing fees took effect.
• BAL is asking employers for feedback on how forthcoming USCIS fee increases will affect their immigration programs. To take a survey on this topic, look for the link in our show notes.

Spotlight

Conversation between BAL Partner Kelli Duehning and SHRM’s Emily M. Dickens: A new push for reforms to employment based immigration.

BAL Immigration Report: Last year, the Society for Human Resource Management, or SHRM, completed an extensive study asking employers about their interaction with the U.S. immigration system. The study found that while employers were satisfied with the contributions of foreign workers, federal immigration procedures kept them from accessing the talent for in-demand jobs. Last week, SHRM launched its 2024 workplace immigration campaign to push for much-needed reforms in employment-based immigration. BAL Partner Kelli Duehning spoke with Emily M. Dickens, chief of staff and head of public affairs at SHRM, this week to discuss the campaign. Here’s their conversation.

Duehning: As one of SHRM’s strategic partners in the workplace immigration policy efforts that you have, I’m really excited to chat with you today, Emily. So tell us about the 2024 workplace immigration campaign. What are you calling on policymakers to do?

Dickens: Thanks, Kelli, for the question, and I’m so excited to be here with you. Our 2024 workplace immigration campaign is centered on getting federal policymakers, specifically Congress, to support bipartisan commonsense immigration reform to support workers and the workplace. We understand that the issues associated with the U.S. immigration system are multifaceted and complex. These things range from issues related to funding, infrastructure, antiquated policies, a lack of legal pathways for individuals to obtain legal status and more. But with that in mind, we’re intentionally using data to drive policy changes that we hope will mitigate some of these issues. We’re hoping that our advocacy efforts will start smart conversations to create positive change and that that way we can build consensus and find a way to move forward.

Duehning: I love that — this is great. So what has SHRM’s research revealed so far about employer attitudes on immigration and the role it plays in keeping the U.S. competitive economically?

Dickens: If you don’t know about SHRM’s research, I always say to people it’s such a robust part of our business, and we really talk to people who are on the ground doing the work. And they provided factual backing to some of the anecdotal knowledge that we’ve all been leaning on. First, employers who work with foreign-born workers overwhelmingly report high levels of satisfaction with the workers. Next, employers who use foreign-born workers to alleviate workforce shortages report success. And third, more guidance on immigration is sought from the government. SHRM research revealed that nearly three in four employers agreed that increased immigration encourages economic growth and makes America more globally competitive.

Additionally, 54% of employers agree that the United States is losing top talent to other countries because of our U.S. immigration system. SHRM, with its membership of HR professionals and business executives who represent organizations that span a myriad of industries, myriad of sizes and geographic locations, is uniquely positioned to speak to how foreign-born talent is utilized. And we found that organizations are seeking to thrive in this increasingly competitive and global world, and they just consider our immigration system one that makes it hard to fill hard-to-fill positions. And we’re looking for ways to help with the H-2A and B visas, the J-1 visas, the employment-based immigration visas as well.

Duehning: I agree with you, talking with so many employers on these issues, certainly you are right on it with these topics. So what are the specific reforms that SHRM is supporting and why are these changes so important?

Dickens: Thank you. So the team has been busy. We’ve been sending letters on the Hill as part of this campaign, but in short, though there are lots of bills that are both partisan and bipartisan, we’re hoping that people will pay attention to the Conrad State 30 and Physician Access Reauthorization Act. We’re hoping that they’ll pay attention to the SEASONAL Act, the Eliminating Backlogs Act, the H-2 Improvements to Relieve Employers (HIRE) Act and the Asylum Seeker Work Authorization Act. We really thought long and hard about some of the most pressing issues in the immigration system and looked for bills that would seek to address these specific issues, like the dire need for workers and antiquated policies that overlay the entire system. We’re also trying to figure out a way to have more legally authorized workers so that this would also, if you think about the day-to-day work of HR professionals, help them as they’re looking for the talent they need.

Duehning: So we all know that, especially in Congress, immigration can be a contentious issue. But what has SHRM learned about the level of actual bipartisan support for employment-based immigration? And how hopeful are you that those reforms that you support will be made?

Dickens: I’m always hopeful because I think we’ve seen things finally get to the finish line in Congress that some people thought would never happen. We know immigration is contentious. It’s been politicized, but we see so much hope because there are a number of bipartisan bills that we’ve seen where there is support on both sides of the aisle. So they’re talking to each other. They’re thinking about the issue. And sometimes you have to go slow to go fast. For us, in gathering the new up-to-date data for our workplace immigration research, we worked with policymakers on both sides of the aisle so that we can get their POV. So maybe for those who aren’t talking to each other on a regular basis, being able to read those POVs and materials provided by us and others will allow them to see where there are more commonalities than they thought. Additionally, when we deployed the survey, we included HR professionals from 19 industries, ranging from small to extra-large companies and representing every corner of the United States.

As we’ve seen more recently, this issue affects every state no matter where you’re located on the map, but it affects you differently, and so it’s good to hear those other points of views. We’re hopeful, but we also want to ground ourselves in the reality. We know 2024 is an election year, and the news around immigration is being dominated with discussions of the border and foreign aid. And so piecemeal changes in immigration systems won’t create the same splash. But any movement, and any move on the conversations in a more productive space, would help the help us in the long run. We’re hoping policymakers are getting more comfortable with voicing support for immigration reform, and whether that materializes in this Congress or the next is what we have yet to see.

Duehning: I love it. I’m right there with you. And I know BAL supports all these efforts, and we’re working with you hand in hand in this as well. If there’s anything our listeners want to do to help, what can they do to support SHRM’s efforts in this in this endeavor?

Dickens: Oh, Kelli, thank you, thank you for this question! Right now, it’s about messaging and demonstrating to lawmakers that, first, U.S. employers demand change, and that second, inaction is just not acceptable anymore. We would encourage engaging with policymakers to show that there’s a strong desire and consensus around some of these issues that can be addressed while they consider larger, more contentious issues. The two can and should be considered at the same time.

Beyond policymakers, the chance to get our messaging out and hopefully provide context into our efforts is invaluable. It’s about educating everyone about the importance of a workable immigration system for the U.S. economy at large. And it’s about dispelling rumors and fear and replacing them with facts. And I think you are aware of this: Our platform pillar — we call it workplace immigration — we really believe a focus on the smaller changes related to workplace issues and worker issues can help solve the problem in the long run, and you just have to take what you can get right now, and let’s do something. Let’s just not leave it and keep passing it down.

Duehning: Well, I’m looking forward to partnering with you all on this, and I hope our listeners jump in and become active in this space because it is so very important. So thank you so much, Emily, for chatting with us today.

Dickens: Thank you, Kelli — it’s an honor. And, again, thank you, BAL, for your partnership. We really enjoy working with you.

Global news

Singapore to raise local qualifying salary

In Singapore, the Ministry of Manpower announced it will raise the local qualifying salary on July 1. The monthly salary will increase from 1,400 to 1,600 Singaporean dollars — about US$1,200.

The Singaporean government uses the local qualifying salary to ensure that local workers are fairly compensated by firms employing foreign workers. The Ministry of Manpower noted that calculation of foreign worker quotas for firms will remain unchanged with the new salary requirement.

Bahrain ends visa conversion without sponsorship

The Bahraini government will no longer allow visit visas to be converted to work or dependent visas without sponsorship. Additionally, fees for changing sponsored visit visas to work or dependency visas increased from 60 to 250 Bahraini dinar, equal to about US$660.

Authorities made the changes as part of a government directive to support the local workforce by ensuring Bahraini citizens are the first choice for employment opportunities.

Global news roundup

• The United Kingdom’s migration advisory council issued new recommendations after reviewing the U.K.’s immigration salary list.
• New Zealand implemented a new median wage rate, with exceptions for Accredited Employer Work Visas.
• The Philippines briefly halted some immigration services, but they are set to resume on Friday, March 1.

Follow us on X, and sign up for daily immigration updates. We’ll be back next week with more news from the world of corporate immigration.