Delays, Denials, & DUIs – Navigating Business Immigration During the War on Talent
In 2020, the war for talent is high, and as a result, it’s increasingly difficult to hire foreign talent. If hiring a global workforce is part of your talent strategy, then knowing the latest California employment law is paramount. Join presenters Allison-Claire Acker & Avi Friedman from Wolfsdorf Rosenthal at a PIHRA 2020 Legal Update near you. Their session “Delays, Denials, & DUIs – Navigating Business Immigration During the War on Talent” will be informative and entertaining. These expert attorneys will guide HR through the most prevalent immigration related problems for business, while providing tangible solutions to implement.
Allison-Claire Acker & Avi Friedman will provide takeaways such as:
- Educating/Guiding recruiters on selecting approvable foreign national candidates
- Red Flags – Educational degrees, salary limitations, understanding the new H-1B lottery selection process
- Why PERM is a more attractive option for Green Cards in today’s labor market
- Haunting Criminal Past – How to handle employees with arrest, white collar crimes, DUIs, Automatic visa cancellations and related barriers.
- Hiring Quick Tips: Key Takeaways for HR to share with recruiters about selecting the right talent for immigration purposes
- Toolkit: Step by step guide for obtaining approvals by preparing employees for successful consular interviews
- Step by Step Guide for tackling criminal issues and maximizing chances of approval
- Best Practices – Useful Tools & Tech Solutions: Staying organized and up-to-date with immigration matters.
- Proactive Measures – Data Readiness for mergers and acquisitions, and various business efforts
Firstly, these hot topic issues cover factors to consider when selecting the right foreign talent. Secondly, they’ll cover best options to obtain green cards for employees in today’s climate. Thirdly, they’ll cover how to spot and handle criminal issues. Learn best practices and tips ranging from evaluating educational credentials for potential hires to identifying the foreign-national friendly U.S. airports.
In order to uncover the full value of their session, Baskaran Ambalavanan interviewed Allison-Claire and Avi. Read on to learn more about hiring global talent and what you can expect at the PIHRA 2020 Legal Update.
Speaker Spotlight: Allison-Claire Acker & Avi Friedman, Wolfsdorf Rosenthal
Special thanks to contributing writer and PIHRA Programs Chair, Baskaran Ambalavanan. Baskaran conducted this interview with PIHRA 2020 Legal Update presenters Allison-Claire Acker and Avi Friedman.
PIHRA: What are three things to look for in foreign candidates that can help employers get the difficult H1B approval?
Allison-Claire Acker & Avi Friedman: Finding quality, eligible talent is key.
Employers should use the following 3 point criteria in selecting candidates.
- Education – Master’s degrees and STEM (science, technology, engineering, and mathematics) fields are preferred.
- Work experience – It’s challenging to verify foreign work experience. Look for candidates that have 4 year degrees and work experience that does not require an equivalency evaluation.
- Avoid problematic areas – Avoid 3 year degrees that are not equivalent to U.S. 4 year accredited degree programs. Securing H visas for sales, entertainment, and marketing are extremely challenging and often are ultimately denied even if initially accepted in the lottery.
How can HR prepare the Talent Acquisition team to select the right candidates for immigration – education degrees, verifying foreign work experience and the new H-1B lottery selection process?
Allison-Claire Acker & Avi Friedman: This goes hand in hand with the first question. STEM qualified candidates may have extra time to get the employee onboard.
- Wait times vary by nationality
- Degree by an accredited non-profit institution — 3 vs 4 year degrees
- Masters degrees preferred
- Preference for STEM OPT candidates: 1 year, plus 24 month extensions- means more opportunities to enter the H-1B lottery
What is PERM and why is it attractive for green card processing?
Allison-Claire Acker & Avi Friedman: PERM is the current name of the process for obtaining labor certification, the first step of the green card process for certain foreign nationals seeking lawful permanent residence “green cards” through their employment. The U.S. employer requests a permanent labor certification by completing an Application for Permanent Employment Certification (“ETA Form 9089”).
PERM is attractive because there is a high approval rate from current historically low unemployment. By contrast, the EB11 category is currently experiencing retrogression which means an additional wait of 6 months to a year for an immigrant visa on top of processing delays.
What are tips for handling employees with DUI arrests and white-collar crimes, particularly for H1B employees who can be deported upon conviction and end of their serving time?
Allison-Claire Acker & Avi Friedman: It is critical for immigration counsel to coordinate with criminal defense counsel prior to any plea in an effort to mitigate immigration consequences. A DUI arrest alone will likely trigger visa revocation.
Why are you excited to present at the PIHRA 2020 Legal Update?
Allison-Claire Acker: I am passionate about teaching since I come from a family of educators. I have a background in employment law, so attending PIHRA is dear to my heart. It bridges my experience in employment and immigration law. As an expert immigration attorney, I pride myself on using my background to connect with HR professions and teach them practical steps to build strong teams. It’s about providing solutions to problems. I am excited to present and provide solutions.
Avi Friedman: I look forward to presenting and providing insight regarding the U.S. visa and admission process.