On January 25, Bloomberg/BNA’s Daily Labor Report published its 2016 preview of immigration issues that will impact employers.
The article analyzes several key pieces of President Obama’s immigration executive action that remain to be finalized in 2016, with focus on granting visas to immigrants in need and a swifter process for immigrants with skills that can promote our business communities. Firm Partner William A. Stock provided key analysis throughout the report.
Some of the key predicted developments for 2016 include:
- New OPT regulations to allow STEM graduates 24 more months of work authorization, 7 months more than the current regulations, will be accompanied by increased paperwork burdens for employers.
- We can expect an overhaul of the permanent labor certification process in 2016. New PERM regulations will put recruitment efforts closer in line with employers’ regular practices and have less penalty for employers that have minor errors in their recruitment process.
- The monthly Visa Bulletin which informs immigrants when they can apply for green cards will not have much deviation from the current process affecting Indian and Chinese workers seeking EB-2 visas.
- Entrepreneurs will be admitted outside of the normal process if their venture is of public benefit and guidance is expected with regard to granting EB-2 visa to entrepreneurs without a petitioning employer or labor certification.
- USCIS’ Administrative Appeals Office will likely issue more precedent decisions this year to fill gaps in the regulations and make rules clearer for employers.
- ICE employer I-9 inspections will continue to decrease, while the Department of Justice’s Office of Special Counsel for Immigration-Related Unfair Employment Practices will bring more discrimination cases against employers who require too much documentation from their employees.
- The Supreme Court announced on January 19, 2016 that it will be hearing the case over the Obama’s administration’s deferred action programs and this ruling could lead to deferred action for parents of Americans and lawful permanent resident programs in the latter half of this year.
Click below to read the full report.
