San Francisco, CA immigration attorney Michelle Malison talks about what an effective immigration policy or guideline includes. She shares that she has assisted numerous employers in developing comprehensive immigration policies, providing templates to address key decision points and ensure consistency. For example, an immigration policy may outline the types of non-immigrant visas the employer is willing to sponsor, specify whether the company participates in E-Verify, and indicate whether it supports STEM OPT extensions for F-1 students completing their degrees.

The policy may also clarify the employer’s approach to sponsoring permanent residence (Green Card) applications, including the timing of such sponsorship. It can address travel-related considerations, such as whether the employer covers costs for visa stamping required for re-entry to the U.S., and define responsibilities for immigration-related expenses for employees’ dependents, including whether premium processing fees are borne by the employer or the employee.

Additionally, the policy may include a clawback provision, requiring employees who depart within a specified period after receiving permanent residence sponsorship to reimburse the company for related fees. It may also outline procedures following employment termination, providing clear guidance for foreign national employees. By establishing a standardized policy, she helps employers protect their interests while ensuring decisions are applied consistently rather than on a case-by-case basis.