More In This Category
View Transcript
we have helped many employers develop
their immigration policies and have
templates to help them address some of
the key decision points that they’ll
want to cover in their immigration
policies for example the immigration
policy may discuss the types of
non-immigrant visas that the employer is
willing to sponsor it may address
whether or not the the employer is an
e-verify company and if so are they
willing to sponsor stem opt extensions
for their F1 students who are finishing
up their their um their degrees it
should address whether or not their uh
the employer is willing to sponsor the
permanent residence the Green Card
process and if so
um when will they do that how about
travel their employees will want to
travel internationally and some of these
employees may require a Visa stamp to be
able to come back into the U.S so will
the employer be bearing the costs
associated with that or will that be the
employee how about immigration costs
that are related to the the dependence
of the the foreign National employee who
will cover that how about premium
processing is that is that the employer
or the employee covering the fees
and the an immigration policy may also
include a clawback provision so for
example some employees have that if the
employer sponsors the foreign National
employee for the permanent residence
process and the employee leaves the
company within X months um then the
employee needs to pay back the uh the
employer for
um for the the associated fees and then
finally the the immigration policy may
also include
um may lay out what happens when
employment is terminated so
um this is also a good idea to have
because it it’s protecting the employer
by clearly laying out this is our
process
um for All Foreign National employees
what what happens upon employment
um rather than having it be
um a a personal a personal thing against
a a particular employee
Contact Michelle Malison
Email This Lawyer
(415) 395-9331
See All This Lawyer's Videos
Visit Lawyer's Website
San Francisco, CA immigration attorney Michelle Malison talks about what an effective immigration policy or guideline includes. She explains that we have assisted numerous employers in developing their immigration policies and have templates available to guide them through key decision points. These decision points may include addressing the types of non-immigrant visas the employer is willing to sponsor, whether the employer is an E-Verify company and open to sponsoring STEM OPT extensions for F-1 students completing their degrees. The policy should clarify the employer’s stance on sponsoring the permanent residence process (Green Card) and specify when such sponsorship will occur.
The policy should also cover international travel, particularly for employees who require a visa stamp to reenter the U.S. It should outline whether the employer or the employee will bear the associated costs. Additionally, the policy should address immigration costs related to dependents of foreign national employees, clarifying who will cover those expenses. The responsibility for premium processing fees should also be specified.
Furthermore, an immigration policy may include a clawback provision. For instance, if the employer sponsors a foreign national employee for permanent residence and the employee leaves the company within a certain period, the employee may be required to reimburse the employer for associated fees. Lastly, the policy should outline the procedures and implications when employment is terminated, safeguarding the employer by establishing a transparent process for all foreign national employees, rather than targeting individual employees on a personal basis.