Immigrants are contributing to both the development and growth of our state’s economy. Their role in replacing retiring workers and supporting business growth is particularly important. Learn about their contributions and how you can make this growing and productive workforce part of your business.

1. Minnesota Chamber of Commerce
Immigrants: Their growing role in our economy and how to make them part of your business
October 3, 2013
Bill Blazar, Senior Vice President, Minnesota Chamber of Commerce
Beth Carlson, Counsel, Faegre Baker Daniels
Elaine Kumpula, Counsel, Faegre Baker Daniels

2. Agenda
► Overview
► U.S.
Work Visas and Employment-Based Permanent Residence
► I-9 and E-Verify - Government Compliance for your Growing
Workforce
► Global Mobility
► Comprehensive Immigration Reform –
Potential Impact on Minnesota Companies

3. U.S. Work Visas
Common visa categories for Minnesota companies:
► H-1B
► L-1
► TN
► O-1
► J-1
► B1/B-2
► F-1

4. H-1B Specialty Worker
► Job
must require at least a bachelor’s degree in a particular field and
foreign national must have such degree
► Labor Condition Application (LCA)
► Annual Cap
► 65,000 + 20,000 exemption for U.S. advanced degree holders
► File April 1 for October 1 start date
► 6 year time limit – some extensions available with long-pending
permanent residence application
► Family members are H-4, spouses may not work
► H-1B portability

5. L-1 Intracompany Transferees
► Employed
by related company abroad for one year
► L-1A multinational manager
► L-1B specialized knowledge employee
► 5 /7 year time limit
► Family members are L-2, spouses may work
► Current government scrutiny

6. TN Professionals for Citizens of Mexico and Canada
► Job
must be on TN list of allowed professional occupations
► Most require a bachelor’s degree
► Initial 3 year period of approvals, further extensions allowed
► Canadians may apply in person at the border
► Family members are TD, spouses may not work

7. Other Types of Work Authorization
► Employment Authorization
► DACA
► Asylees/Refugees
Cards

8. Overview of Employment-Based Permanent Residence
(“Green Card”) Process
► Three-step
process:
1. PERM
2. I-140
3. I-485
► Exceptions
to PERM
► Multinational Managers
► Outstanding Researchers/Professors
► Person of Extraordinary Ability
► National Interest Waiver

9. PERM Labor Certification
► Step
1 of permanent residence process
► DOL requirements
► Prevailing wage determination
► Required recruitment
► ETA-9089 filed electronically with DOL
► Current processing times
► Increase in PERM audits, supervised recruitment and denials

10. Visa Backlogs – Permanent Residence
► Visa
Bulletin
► EB-1, EB-2 and EB-3 preference categories
► Priority dates
► Recent updates

11. I-9 and E-Verify –
Government Compliance for Your Growing Workforce
► Form
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I-9 Obligations
All employers must verify work authorization and identity documents and
complete Form I-9 for all employees hired after November 6, 1986
Employee must complete Section 1 on or before the first day of
employment
Employee must present documents and Employer completes Section 2
within 3 business days of first day of employment. (Thursday Rule)
E-Verify query must also be conducted within 3 business days of the first
day of employment
I-9 Retention: Employer must retain original I-9s for three years after hire
or one year after termination of employment, whichever is longer
I-9 Resources (I-9 Central @ www.uscis.gov and M-274 Handbook for
Employers)

12. I-9 and E-Verify –
Government Compliance for Your Growing Workforce
► New
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Form I-9
On March 8, 2013, USCIS released a new version of the Form I-9
Employer must begin using the new Form I-9 on May 7, 2013
After May 7, 2013, prior versions of the form are not acceptable
Form I-9 expanded to 2 pages
Instructions expanded to 6 pages
New block formatting to make it easier to enter information
No substantive changes to I-9 process
No substantive changes to List of Acceptable Documents

13. I-9 and E-Verify –
Government Compliance for Your Growing Workforce
► What
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is E-Verify?
Free, web-based employment verification program
E-Verify is operated by the U.S. Citizenship and Immigration Services
(USCIS), part of the Department of Homeland Security (DHS), in
partnership with the Social Security Administration (SSA)
E-Verify electronically checks information provided by the employee on his
or her Form I-9 against records contained in DHS and SSA databases
Use of E-Verify is limited to determining the employment eligibility of new
hires only
Employer submits online query; instantaneous results
Tentative Non-Confirmation
Photo Screening Tool – must retain copies of cards (PRC, EAD, US
Passport)

14. I-9 and E-Verify –
Government Compliance for Your Growing Workforce
► Proactive
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Steps on Immigration Compliance
DO: Conduct internal I-9 training and regular internal audits
DO: Have a written I-9 and Immigration Compliance policy
DO: Follow a practice of addressing reports of illegal employment
DO: Implement a practice of addressing SSN no-matches
DO: Consider E-Verify, electronic I-9s systems and other programs to
help in compliance
DO: Take notices from all state and federal agencies seriously
DO: Enforce policies and practices uniformly and consistently for all
personnel
DO NOT: Impose different or more stringent standards on certain
employees

15. Global Mobility – What is this?
► Sending
U.S.-based employees abroad
► Sending non-U.S.-based employees abroad
► Sending non-U.S.-based employees to the U.S.
► Business visits / Employment

16. Global Mobility – What do we do and how do we help?
► Coordination
of employee moves around the globe
► Expatriate programs
► Assignment letters
► Secondment agreements
► Visas
► Work permits
► Residence permits
► Tracking services
► Extensions of stay
► Exit requirements
► Employment law compliance
► Tax compliance

17. Comprehensive Immigration Reform What it May Mean for Minnesota Companies
► S.744
– “Border Security, Economic Opportunity, and Immigration
Modernization Act”
► Bill introduced in the Senate on April 16, 2013
► More than 500 amendments by Senators
► Passed on June 27, 2013

18. Comprehensive Immigration Reform What it May Mean for Minnesota Companies
► Border
Security
► Immigrant Visas
► Registered Provisional Immigrant program
► Undocumented immigrants who arrived as children – DREAM Act
► Undocumented agricultural workers
► Legal Immigration Reforms
► Merit-based point system (Track 1)
► Track two merit-based system

19. Comprehensive Immigration Reform What it May Mean for Minnesota Companies
► Employment-based
Immigration
► Country-specific limits on employment-based immigrant visas
eliminated
► STEM graduates exempt from labor certification
► E-Verify will be expanded and mandatory for all employers
over a 5-year period

20. Comprehensive Immigration Reform What it May Mean for Minnesota Companies
► Reforms
to Nonimmigrant Visa Programs
► Changes to L -1 and H-1B visa categories
► New W work visa
► Investor visas
► Other changes

21. Comprehensive Immigration Reform What it May Mean for Minnesota Companies
► If
the House acts, it will pass a series of immigration bills and not just
one bill like the Senate
► Border Security Results Act (H.R. 417)
► Strengthen and Fortify Enforcement Act (SAFE Act) (H.R. 2278)
► Legal Workforce Act (H.R. 1772)
► SKILLS Visa Act (H.R. 2131)
► Agricultural Guestworkers Act (H.R. 1773)

22. Questions?
22

23. Minnesota Chamber of Commerce
Immigrants: Their growing role in our economy and how to make them part of your business
October 3, 2013
Bill Blazar, Senior Vice President, Minnesota Chamber of Commerce
Beth Carlson, Counsel, Faegre Baker Daniels
Elaine Kumpula, Counsel, Faegre Baker Daniels