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How Immigration Laws Affect Recruitment Strategy


It’s the duty of every Human Resources Manager to determine how immigration laws affect recruitment strategy.  Part of your obligations include: verifying employment eligibility and work visas, as well as managing an employee’s work status.  This article will help you better understand how immigration laws affect recruitment strategy. We recommend that you pay close attention to the new immigration bills being presented, so you can help your organization to adjust your recruitment and compliance strategies in the near future.


Eligibility Verification

All companies have a responsibility to help prevent unauthorized persons from working in the United States. The immigration act is designed to safeguard the jobs of U.S. citizens and authorized workers by stopping illegal workers from gaining employment.  By incorporating the Immigration and Naturalization Services (INS) Form I-9 into your hiring processes, potential employees are required to show a series of identification documents – such as birth certificates, social security cards and a valid passport – to verify the fact they can legally work in the United States. This is an important screening tool that should remain in your processes and procedures. Keep in mind that as an HR professional, you should refrain from personal perspectives and try not to discriminate by requesting additional identification documents. It is your duty to protect your company from discrimination lawsuits too, so it’s best to eliminate any personal judgement.


How Immigration Laws Affect Recruitment Strategy: Immigration Innovation Act of 2018 (I-Squared).

On January 28, 2018, Sen. Orrin Hatch (R-Utah) and Sen. Jeff Flake (R-Ariz.) introduced legislation to establish a more efficient “trusted employer program” to make the immigration system more efficient for both employers and the government. The passing of this bill will help you determine how immigration laws affect recruitment strategy.

The Immigration Innovation Act of 2018 (I-Squared) will reform the H-1B program to provide improved protections for U.S. workers, along with provisions to make it easier for employers to have access to top global talent, as well as additional resources to train and educate U.S. workers in high-demand science, technology, engineering and mathematics (STEM) fields.

As a result, when no able, willing or qualified US candidates are available, employers would gain easier access to the green card system, making it easier for job seekers to accept and change employment.


Immigration Innovation Act of 2018 (I-Squared) would:

  • Raise the H-1B cap from 65,000 to 85,000

  • Reduce green card backlogs

  • Eliminate annual per-country limits

  • Provide exemptions for EB-1

  • Exempt advanced degree STEM holders from U.S. universities

  • Recapture unused green cards

  • Eliminate per-country limits

  • And more.

Mike Aitken, SHRM’s vice president of government affairs was quoted saying, “This legislation addresses many of the serious challenges facing employers navigating the current maze of immigration laws and regulations, including eliminating green card backlogs and modernizing the H-1B visa system. These reforms are a critical component to building and supporting a 21st century workplace in which employers and the workforce can thrive.”

More importantly, this bill is  fully supported by the members of CFGI, SHRM as well as The HR Source.  The new program would be fair, innovative and would ultimately revolutionize the US workplace and create  opportunities for US businesses to compete in an increasingly expanding and highly competitive global job market.


If you need help conducting an internal audit pertaining to immigration we can help to ensure you avoid legal troubles over immigration issues. Simply call us at 301-459-3133 or contact us now for a free consultation today.


It’s important for Human Resource Managers to remain updated on the latest immigration issues. Issues pertaining to immigration regulations should be quickly resolved. Depending on the number of violations, companies that do not comply to regulations could experience stiff civil and criminal penalties. Stay tuned as our immigration laws unfold.

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