immigration today: winning the race for talent when the ... · talent acquisition is main reason...
TRANSCRIPT
Christopher Thorn & Ayanna LondonMay 2, 2019
Presented to:
Immigration Today: Winning the Race for Talent When the Course has Changed
Immigration Today: Winning the Race for Talent When the Course has Changed
AgendaI. The Starting Line – The Changing U.S.
Workforce and Today’s Immigration Landscape
II. Obstacles and Pit Stops – Challenges Employers are Facing
III. Staying Ahead – Successful Strategies to Attract and Retain Top Talent
IV. Q&A
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The Starting Line
Meet the U.S. workforce of the futureIn 2017, there were 27.4 million foreign-born persons in the U.S. labor force:
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17.1%(of total)
16.9% in 201613.3% in 2000
20-25%(of STEM workforce)
1 million more STEM professionals needed than graduating at current rate
86%Sourcing foreign nationals is important to hiring strategy
13%Expected growth of STEM occupations between 2012 to 2022 (9+ million)
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43%Employers who say talent acquisition is main reason for U.S. immigration volume
$1.75 trillion
(6% of economy) Unrealized revenue U.S. could experience by 2030
80%Employers expect foreign headcount
to increase/stay same in 2019
6.5 million
Deficit of highly skilled workers
expected by 2030
23%
13%
7%31%
14%
10% 2% Upgrading talent withspecial skillsFilling open juniorpositionsFilling open seniorpositionsRecruiting a more diverseworkforceRetaining employeesalready on statusDeveloping and/or promotingexisting employeesOther
43%
April 2019: Two-Year Anniversary of the Buy American and Hire American Executive Order Stated Goals: Protect U.S. workers’ jobs and wages Enhance fraud detection and prevention in employment-based visa programs Increase the overall transparency of those programs for the American public
Focus on Reduced Immigration Focus on Increased Enforcement
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7
In the past five years, has your company’s visa application process (including external, or USCIS-related and internal processes) become more difficult, less difficult or remained the same?
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3532 31
44
29
25
47
34
18
0
5
10
15
20
25
30
35
40
45
50
More Difficult Remained the Same Less Difficult
2017 2018 2019
Requests for Evidence (RFEs)
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In the past five years, have your Requests for Evidence (RFEs)increased or decreased?
Data from USCIS indicates that the percentage of RFEs issued for H-1B cases jumped to 60% during Q4 of 2018–an increase from 46% in Q4 of 2017 and 28% in Q4 of 2016
RFE before Denial Not required H-1B Denial Rates Increasing FY16 – 10% FY17 – 13% FY18 – 24% FY19 – 32% (Q1)
45
5558
139 9
0
10
20
30
40
50
60
70
2016 2017 2018
Increased Decreased
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Top 10 Reasons for RFE (FY18)# Reasons1 Specialty Occupation 2 Employer-Employee Relationship 3 Availability of Work (Off-site)4 Beneficiary Qualifications 5 Maintenance of Status 6 Availability of Work (In-house) 7 LCA Corresponds to Petition 8 AC21 and Six Year Limit 9 Itinerary 10 Fees
Increased Processing Times & Fees
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USCIS processing delays have hit crisis levels Case processing time has increased by 91%
since FY 2014 yet application rates have decreased
Higher levels of employee anxiety
Delayed start dates
Lapses in work authorization
Increase in premium processing fee and new biometrics fee
Increased Processing Times
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Form Title Classification/Basisfor Filing
FY15 FY16 FY17 FY18 FY19
I-129 Petition for Nonimmigrant Worker
Non-Immigrant Petition 2.3 5.5 4 3.4 5.1
I-131 Application for Travel Document Advance Parole 2.3 2.3 3 3.9 4
I-485Application to Register Permanent Residence or to Adjust Status
Employment-based adjustment applications 6.5 6.8 8.1 11 12.2
I-765 Application for Employment Authorization
All other applications for employment authorization 2.4 2.6 3.1 4.1 4.7
N-400 Application for Naturalization Application for Naturalization 5.8 5.6 8.1 10.2 10
New Policies/Standards of Adjudication
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Rescission of “deference” policy Specialty Occupation – Degrees Staffing & consulting companies
under scrutiny L-1A Managerial Petitions Subsequent L-1 Petitions for
Readmission at the Canadian Border Elimination of H-4 spousal work
authorization
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Staying Ahead
Build an Immigration-Friendly Brand
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Understand the full candidate experience and lifecycle
Promote/highlight immigration-friendly company policies
Make immigration information more transparent and accessible
Offer corporate account for airfare that provides employees with discounted rates to home country
Consider supporting costs for family immigration applications
Implement New Recruitment Strategies
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College Recruiting Consult with immigration counsel to
understand the OPT and CPT programs providing work authorization
Align recruiting strategies with the job-seeking behavior of expats STEM: Professional networking sites Non-STEM: Referral programs
Highlight immigration-related perk packages Immediate green card sponsorship
Anticipate Challenges
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Work with immigration counsel to construct detailed job descriptions that include degree requirements and have clearer alignment to the specific role
Ask counsel to complete candidate degree assessment
Understand wage requirements before offering salary amount to candidate
Begin immigration processes as far in advance as possible
More supporting documents in initial filings Prep calls with counsel prior to visa
appointments
Expand Your Immigration Strategy
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Blanket L-1 Petition Option O-1 Visa for highly-skilled employees in
R&D Roles (typically PhD-level) TN option still available in United States-
Mexico-Canada Agreement (USMCA) E-2 investor visas for multi-national
companies with substantial investments from foreign parent
Consider rotation to foreign office Assess work authorization options
through spouse
Thank youChristopher Thorn Ayanna London215.665.5329 [email protected] [email protected]