Obama's Executive Action on Immigration, Does it effect you?
Last week President Obama announced his executive action to fix what he saw as "our broken immigration system" the question on many HR executives minds is "How will this effect us?"
There are several provisions that will have no direct impact on HR, like increased Border Security and new deportation priorities. However, there are provisions that may impact Human Resources and the Form I-9.
Expand Deferred Action for Childhood Arrivals (DACA) Program
This program is being expanded to cover all undocumented immigrants who entered the U.S. before the age of 16 with an adjusted entry date from June 15, 2007 to January 1, 2010.
The relief (including work authorization) will now last for three years, rather than two.
Take away: You may now have a larger number of new hires with temporary work authorization. Now is a good time to look at your policies and procedures for re-verifying expiring work authorizations.
Extend Deferred Action to Parents of U.S. Citizens and Lawful Permanent Residents
DHS will extend eligibility for deferred action to individuals who are not removal priorities under our new policy, have been in this country at least 5 years, and have children who on the date of this announcement are U.S. citizens or lawful permanent residents. These individuals will be assessed for eligibility for deferred action on a case-by-case basis, and then be permitted to apply for work authorization.
Take away: Again another set of potential new hires with temporary work authorization. Work authorization will not be automatically extended to this class. Be sure you know what to look for in proper documentation.
Support High-skilled Business and Workers
DHS will take a number of administrative actions to better enable U.S. businesses to hire and retain highly skilled foreign-born workers and strengthen and expand opportunities for students to gain on-the-job training.
"For example, because our immigration system suffers from extremely long waits for green cards, we will amend current regulations and make other administrative changes to provide needed flexibility to workers with approved employment-based green card petitions."
Take away: This is extremely vague, but at least it is a step in the right direction. Any business that has H1-B workers can attest to the expense, bureaucracy, and uncertianty involved in the current system. Any steps made to simplify the system and make it more efficient will be apprehended.
As always PointHR in an expert in Immigration compliance for businesses across the county and offers free I-9 audits and error proof electronic I-9 processing.
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