With 2024 well underway, U.S. businesses are operating within a rapidly changing immigration climate. From hiring and retention to compliance and operational strategy, the effects will be far-reaching for those businesses relying on foreign workers and talent. In this article, we explore some of the recent immigration policy changes, what may be expected going forward, and expert guidance on how businesses should prepare.

Recent Changes in Immigration Policy and Their Effects on Business

The United States has witnessed an avalanche of changes in immigration policy over the last couple of years, most of which affect employers directly. The focal points that this trend of emphasis is expected to cover in 2024 include the H-1B visa program, green card processing, and work authorization for dependents.

Among these changes, the most important appears to be the one that has been proposed in the form of modifications in the processing of H-1B visas. In 2024, the Biden administration could make changes to the H-1B visa lottery system, which has been criticized for being unpredictable and unable to meet demand. There is an ongoing discussion over a possible merit-based system that would give first preference to applicants with advanced degrees or in-demand skills. This rule change may, in fact, alter how firms plan to bring foreign talent into their businesses; raise the level of competition for highly qualified candidates while lightening the burden of hiring qualified skilled workers.

Most notably, green card processing times continue to be one of the burdens employers face. Though efforts have been done to streamline the process, backlogs persist, especially in employment-based categories like EB-2 and EB-3. Businesses are facing delays in securing key employees who apply for permanent residency status, affecting work planning and future stability. In addition to the above, some of the policy areas are outlined below with regard to work authorization for dependents: The H-4 EAD program has been reinstated to once again provide protection for spouses of H-1B visa holders. Allowing more families to retain dual incomes helps employers depending on these skilled professionals.

Insights on Forthcoming Policy Changes and What Businesses Should Anticipate

While no person can predict what immigration policies will resemble, a number of trends are likely to influence that landscape throughout 2024 and even beyond.

Increased Focus on Merit-Based Immigration: The movement toward a merit-based model of immigration could gain steam and might affect not just H-1B visas but other employment-based categories as well. It would be important for companies to emphasize the high level of skill for candidates they hire, particularly in the fields of science, technology, engineering, and math-skill sets that would help applicants fare better in visa consideration under new standards.

Increased Remote Work: With the rise in remote work, companies may increasingly look to hiring abroad where workers are not dependent on a U.S. work visa. Not quite a substitute for the physical presence of workers, but companies could innovate hybrid models that leveraged talent that is sourced from anywhere without all the headaches brought about by immigration.

More Complexity Means More Enforcement: With increased complexity comes a need for increased enforcement. Companies should be preparing for more audits and ensuring sound compliance programs are in place to cover I-9 compliance, maintenance of visa requirements, and recordkeeping.

Expert Views: How to Prepare for Regulatory Changes

According to experts, it certainly pays for businesses to be proactive and get ready for whatever changes may be coming around the corner in immigration policy that could affect the way they do business. Here are a few key strategies:

Partner with Immigration Experts: Retainer immigration attorneys or consultants will help the organization understand any policy shifts well in advance, evaluating what the impact on workforce planning may be, and making plans for reaction to any impending change. The experts give insight into coming regulations and advice to companies on how to adapt to the new requirements.

Develop a flexible hiring strategy: Organizations should develop an adaptable hiring strategy in light of the changes, as the requirement is for both national and foreign candidates. This may be developed through direct relationships with universities to exploit new graduates or establish pipelines in countries offering reciprocal agreements.

Invest in Compliance and Risk Management: Increased enforcement requires businesses to periodically train their HR and management staff on immigration compliance and periodic audits. Investment in immigration-related software or services that could help facilitate the process of documentation and thereby maintain compliance with ever-evolving laws can also be made.

Engage in business-friendly policy advocacy: Trade associations and business groups can offer an avenue for businesses to contribute towards influencing immigration policies. It is generally the case that firms can help the development of friendlier regulatory environments through policy advocacy in support of their needs, such as increasing visa quotas or reducing backlogs.

In all, the shifting landscape on immigration policy does indeed carry some challenges with it, but it also offers a set of opportunities to U.S. businesses. In such changes, companies can effectively make their way through by staying well-informed, preparing for any potential shifts, and embracing flexibility-a necessity in assuring access to the worldwide talent they need to drive innovation and growth.

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Article written by Global OS Team.