Navigating U.S. immigration for international employees requires a strategic, data-driven approach. Inaccurate or mishandled data during the immigration process can result in serious consequences, including government fines, employee job loss, potential visa cancellation, and loss of valuable talent for employers. Additionally, it is essential that employers are aware that, in some cases, this may also result in fines and civil or criminal penalties.
To streamline the immigration process and ensure compliance, it is essential to maintain clear, organized records and leverage data-driven insights. In this blog post, we will explore the key U.S. immigration data points that all HR professionals should follow for effective case management, application timing, and compliance.
Case management
Here are some key data points to track when it comes to immigration case management for your international employees:
- Number of international employees: Be sure to keep track of the number of foreign workers your company currently employs.
- Monitoring the status of the file: Regularly monitor the status of each immigration case to anticipate any delays or problems. Use USCIS case tracking tools and platforms to stay informed of application progress. Boundless has put together a guide on how to navigate USCIS online case tracking here.
- RFE (request for evidence) trends: Track the frequency and nature of RFEs to improve documentation quality in future applications. Develop strategies to respond to common RFE triggers. Learn more about RFEs and how to avoid them in our guide.
- Lawyer’s fees: If your business uses an outside law firm or immigration attorneys, be sure to keep track of all billing schedules and attorney fees, as they may vary depending on the type of request and complexity of the case.
Application calendar
Here are some key data points to consider regarding application timing:
- Visa Bulletin Updates: Stay informed on monthly updates of the Visa Bulletin to understand visa availability and potential wait times. Plan application submission based on visa category and priority dates. You can learn more about how to read the Visa Bulletin here.
- Distinguish between non-immigrant status and immigrant status: When tracking the immigration status of international employees, it is essential to understand the difference between a non-immigrant visa (NIV) and permanent status (IV). A nonimmigrant visa is generally valid for three years, extendable up to six years, while permanent status (IV) refers to legal permanent residents, or green card holders. Status adjustment Moving from a nonimmigrant work visa to a green card is an important step, and an error in this process could determine whether an employee receives their green card or faces a visa violation notice.
- PERM calendar: The PERM labor certification process is a crucial aspect of obtaining an employment-based green card for an international employee, and timing is crucial. Check out our PERM Sync Guide for more information on how to complete this step for your employees.
- Monitoring time remaining in state: By keeping track of visa expirations and time remaining in your employees’ immigration process, you can avoid unpleasant surprises and ensure a smoother transition between visa statuses. You may consider implementing a system of timely alerts regarding visa expiration dates so that you can proactively initiate the renewal process to avoid status losses for your employees.
Compliance
Stay compliant with immigration rules and regulations by tracking the following data points:
- I-9 Compliance audits: Check Forms I-9 regularly for accuracy and currency. Implement a system for timely verification of work authorization. You can learn more about Form I-9 in our guide. We have also collected some useful tips on how to improve your company’s I-9 process.
- Maintaining Public Access Files (PAF): Ensure thorough maintenance of Public Access Files (PAF) with all required documentation and ensure periodic audits are carried out to address any deficiencies. Learn more about creating and maintaining PAFs here.
- Address verification: Outdated or incorrect addresses are a source of concern for immigration authorities. It is essential to maintain current addresses that match official documentation to avoid processing delays.
- Salary management: Salary adjustments may occur several times per year, such as upon hire, after an initial period of employment, at the time of evaluation, to resolve salary compression issues, or to change work schedules. International employees must be paid a prevailing wage in accordance with government requirements.