With all the recent changes in immigration enforcement, some organizations are re-examining their talent pipelines to determine if it’s worth it to employ foreign talent, according to John Mazzeo, an attorney with Seyfarth at SHRM26 in Orlando. He said that all immigration categories are at risk.
A policy that worked six months ago may not work today, he cautioned.
There have been H-1B rule changes and termination of employment authorization document (EAD) extensions, he noted.
In addition, street arrests have increased dramatically, as have “dedocumentation” efforts.
Temporary Protected Status (TPS) designations have been successfully terminated for:
- Afghanistan.
- Cameroon.
- Honduras.
- Nepal.
- Nicaragua.
TPS designations with an upcoming expiration date include:
- El Salvador.
- Lebanon.
- Sudan.
- Ukraine.
Documentation for some countries is currently in litigation, including for:
- Ethiopia.
- Haiti.
- Myanmar.
- Somalia.
- South Sudan.
- Yemen.
Dedocumentation revokes and rescinds the ability to work in the U.S., Mazzeo explained. EADs in some instances will expire within a few weeks, even though employers haven’t talked about or thought much about this, Mazzeo said. He said these expirations will “sneak up on a lot of people.”
Employers need to ensure they only hire and employ individuals authorized to work in the U.S., he noted. If they’re only temporarily authorized, employers should know who they are and monitor whether they continue to be work-authorized. That’s gotten more...
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