Green card, PERM and H-1B compliance are essential, but companies are facing challenges amidst seemingly constant changes in policy. This year, there have been plenty of memos and changes to processes that might be cause for anxiety among HR departments. With increased site visits, audits on the rise and H-1B visa season right around the corner, immigration managers are looking for some guidance and best practices to get them through the upcoming petitions smoothly and compliantly.
With that in mind, we sat down with Scott Kuhagen, an attorney with Global Immigration Associates (a law firm affiliated with Envoy) to talk through some of these best practices. We got his take on the policy changes for this past year, and how they’ve impacted green card PERM and H-1B compliance. And, he was able to fill us in on what we could see going forward.
Here’s a bit of what he was able to cover in the on-demand webinar, Staying Compliant During the H-1B & PERM Process (it’s a lot!):
Green card applications
This year, we saw an expansion of in-person interviews for green card applicants. Like in other areas of immigration, those applying for permanent resident status, and the companies sponsoring them, have faced a great deal more attention from the authorities. Now, more people are required to go through in-person interviews when applying for an adjustment of status based on employment. Preparing for an in-person interview in all green card cases is just one among a few changes Scott covers in the webinar.
H-1B Premium Processing
Premium processing was stopped for most of 2017 to deal with the backlog of visa petitions. Premium processing resumed again this past September; however, it’s unsure what will happen regarding the coming year’s petitions including whether premium processing will be available. Scott goes through the details and what could be on the horizon for Premium Processing next year in the on-demand webinar.
H-1B Requests for Evidence
There was a marked increase in requests for evidence (RFEs) in H-1B cases this past year, Scott told us. Entry level roles were largely targeted in these cases, their compliance with H-1B guidelines being especially scrutinized. The suggested best practice is to have all documentation ready (and make sure it’s accurate) in case you’re subjected to an RFE. Your H-1B compliance might count on it. It’s difficult to tell what trends could be in store
Scott Kuhagen goes beyond the how-to’s and dives into the best practices of PERM and H-1B compliance. View the one-hour on-demand webinar: Staying Compliant During the H-1B & PERM Process.