The Impact of Immigration Reform on Business

The United States senate is currently debating the passage of a new immigration reform bill. The proposal includes a section that would almost double the number of guest worker visas available. Businesses will be interested to understand the impacts of this number, and hopeful foreign nationals with skills in agriculture, tech, and other fields will want to take a good look at the possible changes.

Currently, only 65,000 H1B visas are available on an annual basis. Companies that wish to bring in workers from other countries start the process by filing a labor certification application. This application serves to protect the rights of native workers in the US. The company must offer any guest workers the same salary and benefits that they do to other employees. A corporation must also certify that there is no current labor strike.

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Once an employer is certified, they can then work through an immigration lawyer to help individual workers come to the United States. Businesses must give notice to their employees and any labor unions at least 10 days prior to filing an international worker visa application. The petition itself can take months to process, depending on a variety of factors.

The new immigration reform act still faces many challenges before it becomes law. If it does ultimately pass, it will greatly impact the guest worker program in the US. While the requirements for a company to obtain certification won’t drastically change, the number of skilled and unskilled workers allowed into the country will increase substantially. This could potentially cut down wait times and allow companies to hire employees in sectors like information technology and other white-collar professions.

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With the increase in available visas will also come greater scrutiny for companies who hire a significant number of non-native employees. For example, every company would be required to use the now-voluntary “E-Verify” system to determine if a worker is in legal standing with the US government before hiring them. There is a chance that there will be an increase in enforcement of these policies, as well as stricter penalties.

The bill also includes a small change regarding what happens to guest workers if they lose their employment position. Under the reform bill, workers would have up to 60 days to find new employment so that could remain in the United States if they were fired, laid off, or quit their current position. 

This gives international workers greater flexibility in their career choices, and helps reduce the power employers may have over them if their immigrant status is directly tied to their job. Foreign nationals in the US on an employment visa would also be able to renew their status without leaving the country.

In short, companies who have historically worked with many international employees, or anticipate a need to hire foreign nationals once additional visas become available should be aware of the impacts this reform bill could have if it passes. 

Contact an immigration attorney to go over the specific provisions that may impact your business model now, so you can be prepared in the event that a new law does take effect before next year.

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