L&E Lens on Business Immigration: Strategies and Compliance for Recruitment, Retention and Termination

Blending Business Immigration Law strategies with Labor & Employment acumen can lead to a highly successful program to recruit and employ foreign-born talent. Join Kimberly N. Grant, Jennifer Taler, and Nancy L. Gunzenhauserof Epstein Becker & Green, P.C., one of the nation’s leading employment law firms, for an in-depth and practical discussion of how legal counsel, HR, and talent acquisition can navigate the pitfalls and opportunities of identifying, hiring and retaining foreign nationals. 

This program examines the types of questions a recruiter may legally ask of potential applicants, identify who is within a “protected class” in this area, and provide a checklist of potential red flags to examine before extending an offer to a candidate who requires visa sponsorship. This program also discusses how to select an appropriate visa classification, and in the lead-up to the annual H-1B cap filing that begins each April 1st, examines alternatives to the H-1B nonimmigrant visa classification - including the legal parameters and acceptable activities within each class from the free trade visas, such as the TN, E-3 and H-1B1 (Chile/Singapore) to the E-1/E-2 investor visas, and to the more recent alternatives, such as the H-4 EAD, as well as more innovative approaches. In the midst of the excitement of landing that great candidate, the program also examines compliance strategies to ensure a successful onboarding, including I-9 compliance tips and E-Verify, and tips for executing a lawful separation.

Learning Objectives:

I.     Understand the nuances in the recruitment of foreign-born talent, including how to determine whether someone requires sponsorship and spot impediments to obtaining work authorization 

II.    Identify nonimmigrant visa options and other considerations in hiring  

III.   Recognize common onboarding issues, including completing proper I-9 compliance through E-Verify or an alternate program 

IV.   Determine if there are additional legal requirements that stem from sponsorship in instances of legal separation