Immigration impacts: employees navigate new landscape, seek legal guidance

Regarding recent immigration concerns, Tetzeli notes that the majority of calls she receives involve family-based immigration, employment-based cases, and inquiries about the naturalization process. These days, callers are also concerned about recent changes in immigration policies, including individuals with humanitarian parole and temporary protected status from countries like Venezuela and Haiti.

She has also received a growing number of calls from green card holders worried about traveling and returning to the U.S., fearing deportation or denial of re-entry. She adds, “I think many green card holders who once felt fairly confident in their status are now looking to take the next step and apply for naturalization.” She adds, “I’ve even received calls from naturalized U.S. citizens concerned about traveling and potential issues upon returning to the U.S.”

Tetzeli states, “My takeaway from interactions I’ve had recently is that the level of anxiety from plan members and clients who wouldn't previously have felt anxiety has increased. Some people who call me are extremely concerned about the frequent and sometimes drastic changes in immigration policy we've seen since January.”

Immigration’s impact on American employers

Through her decades of experience in practicing immigration law – and as someone who came to the U.S. as an immigrant – Tetzeli has a unique insight into the current administration's immigration policies and their potential impact on the U.S. economy and talent retention.

She notes, “For example, there’s an H1b work visa that allows specialized degree professionals – including a lot of IT and finance people – to work in the U.S. The U.S. relies heavily on global talent now working here on H1b visas. That has been targeted previously – and there’s some debate within the administration about it now. It has been said that work visas and Employment Authorization Documents (EADs) for spouses of H1bs could be eliminated under the new administration. Since a lot of these spouses are also working professionals, I’m anticipating more calls to help them find a different category of visa that allows them to continue to work in the U.S.”

Tetzeli adds, “In addition, the administration has indicated it plans to limit the ways you can qualify for H1b visas. So again, we expect to see more activity and calls around H1Bs/work visas and removal defenses in the coming months.” Her concern is that these policy changes may hurt the U.S.. economy, as key talent flees the U.S. or chooses not to come to the U.S.

Managing immigration matters going forward

Based on her vast experience working with clients who have gone through some type of immigration process, Tetzeli offered the following tips for employees dealing with immigration issues:

First, be patient. In most cases, processing delays are not a sign of a problem with a case, it’s normal. The U.S. Department of State and U.S. Citizenship and Immigration Services – the two federal agencies that process immigration benefits such as green cards, visas and work permits, are backlogged and understaffed. A six-month processing time, or even a 12- or 18-month wait for a particular immigration benefit, is the norm.

Talk to an immigration attorney. Access to advice, information, and in some cases, legal representation from an experienced immigration attorney, is also key to navigating the often-complex immigration process. An immigration lawyer can help come up with a long-term strategy to obtain a green card or non-immigrant status, expedite an immigration benefit, or spot potential issues that could lead to a denial of an application or even removal/deportation issues down the road.

The internet is a good starting point, but…it cannot replace solid, experience-based advice from an immigration attorney – especially in complex immigration matters, such as removal defense and employment-based immigration. While there is some good information on immigration online, much of the data available online is inaccurate, dated or obsolete due to frequent changes in U.S. immigration policies and procedures or does not provide the analysis and case-specific advice that only an experienced immigration attorney can provide.

How employers can support their employees

Additionally, there are a number of ways your clients can help employees who face an immigration-related situation:

• Ensure employee communication and HR policies provide clear travel guidance. Up-to-date internal guidance on international travel helps visa holders understand potential risks and restrictions, especially during periods of policy uncertainty.
• Provide access to immigration attorneys. Offer affordable access to immigration lawyers, often available through a legal insurance plan, to help employees understand their visa status, green card process, or other legal concerns. As Tetzeli describes, “I can explain the often lengthy, technical, legalistic and generally hard to understand employment-based immigration process to the employee. This can help assuage their anxiety and stress, increasing their productivity.” 

• Offer programs and benefits that provide employees with the support they need. This could include mental health support to help them handle the stress of an immigration issue or financial wellness programs to help them plan for legal fees, relocation costs, or unexpected disruptions. Employee Resource Groups (ERGs) that focus on immigrant and international employee communities can also serve as valuable support. 

And as the future of immigration grows more difficult to envision, one thing remains clear: the need for your clients to provide employees with accurate information, compassionate support and proactive planning has never been more urgent. This will go a long way in showing appreciation for their talent and value to the organization.

Ann Cosimano has served as General Counsel at ARAG since 2000 – and starting her career as an attorney in the non-profit world has fostered a deep respect for members experiencing legal matters.