1 / 25

Global HR News

Global HR News. London Euro-Atlantic Conference November 27, 2007. Austin T. Fragomen, Jr., Esq. Fragomen, Del Rey, Bernsen & Loewy, LLP 515 Madison Avenue, New York, N.Y. 10022 Phone: (212) 688-8555 / Fax: (212) 758-7215 www.fragomen.com. Immigration Policy and Global Talent.

desirae-klein
Télécharger la présentation

Global HR News

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. Global HR News London Euro-Atlantic Conference November 27, 2007

  2. Austin T. Fragomen, Jr., Esq.Fragomen, Del Rey, Bernsen & Loewy, LLP515 Madison Avenue, New York, N.Y. 10022Phone: (212) 688-8555 / Fax: (212) 758-7215www.fragomen.com

  3. Immigration Policy and Global Talent • Global competition for talent • Globalization of human resources • Personal mobility • Demographics • High skill deficiencies

  4. Governmental Response • Dwarfed by bigger policy concerns • irregular migration • ethnic pluralism • assimilation • refugees & displaced persons • border protection • security concerns

  5. Labor migration high skilled essential workers matching supply and demand

  6. Labor considerations labor market impact immediate displacement long term effect anecdotal v. empirical

  7. Competition for Talent: U.K. Response • Tier I – Highly skilled and Entrepreneurs replaces highly skilled migration program • Points driven system • earnings • academic qualifications • age • English language requirement

  8. Tier II – work permit category replaces current program academic qualifications job offer – prearranged earnings English language requirement Students graduates of U.K. educational institutions 12 month work permission application work permit afterward

  9. Administrative Streamlining consular applications more user friendly corporate pre-certification

  10. Permanent Residence 5 yr. for eligibility entrepreneurs English language requirement

  11. Other Country Proposals: France • Work and residence permits combined for intra-company and intra-group transferees • Both foreign and locally employed • Valid 3 years with yearly verification of salary and conditions of employment • Spousal work permission • Students with advanced degrees given 6 months residency rights to find employment

  12. France con’t • Labor market test waived for students for salary above certain threshold • Ireland has similar provision with discretionary approval of work permit with salary below work permit threshold

  13. Other Countries: Netherlands • Knowledge migrant • Joint work permit and residence permit • Single agency processing • 5 year admission • Income criteria

  14. The U.S. – Failed Policy • Role of Congress • H-1B cap exhausted • degree holder cap reached 1st day • advanced degree 3 weeks later • plight of recent graduates

  15. Legislative Relief • 2006 – 109th Congress • Comprehensive reform passes Senate • Enforcement only passes House • 700 miles of fence and priority for athletes

  16. 2007 – 110th Congress Comprehensive reform rejected by Senate Opposition to legalization from right Opposition guest workers from left Shift from family-based to employment-based migration Drastic departure from EB to points Restrictions on H-1B/L-1B categories

  17. SKIL Act – temporary workers Increase H-1B cap to 115,000 Market adjustment to 180,000 Exempt U.S. advance degree graduates 20,000 cap for non-U.S. advance degrees STEM Extend student practical training to 2 years

  18. SKIL Act – permanent residence Increase employment-based preferences Exempt U.S. advanced degree STEM Exempt non-U.S. advance degree STEM with 3 years experience U.S. employer

  19. Proposed point system Only for permanent residence Occupation (specialty or high demand) U.S. employment in STEM or health occupation Employer paying at least half of fee Experience Age (25-39) Education (3 levels) English (2 levels) and civics Relationship to USC or permanent resident

  20. Temporary Worker restrictions Non-displacement and recruitment attestations for H-1B Prevailing wage determination for L-1B Requirement that H-1B and L-1’s cannot exceed 50% of workforce Restriction on outplacement of L and H-1B workers where indicia of employment Prevailing wage at least level II OES wage Increase H-1B fee to $5,000 for training and education

  21. Worksite Enforcement Verify status of all new hires (18 months effective date) Verify all existing employees (3 year effective date) Standardize documents issued by states with biometrics Commence work on tamper-proof social security card

  22. What now – legislation ? • Enforcement only bills • Piecemeal legislation – AgJobs, DREAM Act, SKIL Act, Enforcement • Recapture unused EB numbers • Increase H-1B cap • Extend practical training • Verification system sunsets November 2008 • Legislative vehicles

  23. Government response State employee verification legislation Social security no-match letters E-verify and enforcement “get tough” attitude in adjudications Strengthen border security Pre-screening of Visa Waiver applicants Trade agreements

  24. Employer response Adjusting recruitment to meet H-1B crisis Contingent offers/training abroad Pre-planning to be prepared Multiple filings/pre-registration Long term consequences Possibility of practical training extension to 29 months

  25. Conclusion • Competition for talent not top priority • Progress modest but U.S. moving backwards • National politics v. needs of employers • Employer community needs to raise mobility as a major competitive issue

More Related