2021’s top considerations in the business-immigration landscape for HR pros
Here are five questions (and answers) employers might have about their international employees in the coming year.
Over the past four years, the Trump administration has made numerous changes to immigration policy, both as part of his “Buy American and Hire American” executive order as well as other measures to restrict incoming immigrants. These collective actions have had a far-ranging impact on employers.
Related: How to survive in an age of aggressive immigration enforcement
Under the Biden administration, employers can expect some of the restrictions of hiring foreign workers to be loosened, though not all of President Trump’s actions will necessarily be undone, and change will take time.
So what can employers expect in the year to come? Richard Burke, CEO at Envoy Global, offers up his take on five questions employers might have about their international employees.
How can HR teams adjust to ensure they’re supporting foreign national employees in 2021?
The pandemic and heightened restrictions on employment-based immigration have caused foreign national employees to deal with increased stress and anxiety this year. Human resources teams should ensure their 2021 strategies keep mental health and employee well-being at the forefront. HR teams can also prepare resources for foreign nationals to rely on moving into the new year, including tips for coping with distance between family members outside of the U.S., navigating delayed processing times for visas or permanent residence and changes to visa programs such as the H-1B.
With no clear path back to “normal,” HR teams should lead with empathy when supporting their foreign talent, offering increased guidance along the way. Resources can include extended office hours, video conferences and new communication methods. HR teams can also work with their legal partners to make themselves available to talk through new processes, share resources via email and implement new ways to make the employee experience as reassuring as possible for foreign nationals.
What does the future of the H-1B program look like and how can HR teams in the tech industry prepare?
Between now and the inauguration on January 20th, the current administration will remain in control of the immigration system, including the H-1B program. Several proposals have been presented, including changes to the salary and education requirements for the H-1B, as well as a separate change that would entirely replace the H-1B lottery with a selection system based on the highest salaries offered. How these proposals will be implemented or challenged in the courts remains to be seen.
With this in mind, it’s difficult to say definitively what the future of the H-1B program might look like under a new administration. What we do know is that Biden’s goal is to modernize the current immigration system and make it more welcoming and reflective of our nation’s values. There has been some consensus that a Biden presidency would return to Obama-era immigration policies and interpretations, like a reinstatement of the DACA program and other elements of the 2013 Immigration Reform Bill, which stalled in Congress. However, a Biden presidency does not necessarily mean a wholesale rejection of all of the changes made under the Trump administration.
While we await definite plans for the H-1B program, HR teams should continue their existing immigration programs and strategies as we know foreign talent remains critical to the tech industry’s success. According to our 2020 Immigration Trends Report, 93% of HR professionals said that hiring foreign national talent was an important part of their talent acquisition strategy, and we expect this trend to continue into 2021. That said, it’s important to have a legal partner to keep employers informed on any new policies and to prepare for what may be next.
Are there any specific tools to help businesses streamline their immigration processes?
Investing in immigration technology with a solid return is important for businesses to not only streamline immigration processes, but yield long-term results. For example, at Envoy, our platform helps companies seamlessly hire and manage an international workforce by combining top-flight legal representation and market-leading technology. HR leaders should seek tools that bring efficiency and transparency to the immigration process while creating an intuitive and collaborative experience for employers and employees.
Immigration technology not only accelerates internal processes, but also creates a positive experience for foreign national employees as they have a direct line of communication regarding their visa status between their employer and law firm. This technology gives HR teams the right resources, such as automation and cloud-based servers, to lock in a strategy that promotes innovation and drives talent growth.
Why is the rise of immigration tech an important trend to watch in 2021?
Immigration tech is a trend to watch in 2021 because we expect the incoming administration to make adjustments to high-skilled immigration policies. Although we don’t know precisely how much more favorable a Biden administration will be for employers navigating the U.S. immigration system, we do know employers continue to feel the pain of talent shortages and want the ability to sponsor more skilled foreign nationals to fill key roles at their organizations. Having the proper immigration tech tools in place will be key to navigating any changes to the immigration system and improving foreign hiring strategies.
What role do foreign nationals play in the recovery of the U.S. economy?
According to a recent study, immigrants are 80% more likely to start a business than those born in the U.S – and the number of jobs created by these immigrant-founded firms is 42% higher as well. Some of the most successful companies like Slack, Uber and Instagram were born from the 2008 recession with foreign national founders. Foreign nationals will play an equally important role in the economy’s recovery this time around.
High-skilled workers in the U.S. bring an innovative, entrepreneurial spirit across all industries. For STEM and tech sectors specifically, this is incredibly important as 16.5% of healthcare workers fighting the COVID-19 pandemic are immigrants. Introducing welcoming policies for foreign nationals rather than restricting them is essential for economic recovery and maintaining its health moving forward.
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