Immigration Policies Attorney in San Francisco, California

What does an effective immigration policy or guideline include?

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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

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.

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