Building a Resilient Immigration Program: What Every HR Leader Needs to Know

A recruiter spends weeks courting a promising candidate. Interviews go well, the hiring manager signs off, and the offer goes out. Then the candidate mentions one detail no one asked about.

“You get all the way to an offer, and the person says, ‘I need immigration sponsorship,’ and then everything stops, and you have to bring in counsel,” Matthew Hellrung, the co-founder and managing partner at Meltzer Hellrung, said. 

Hellrung often watches this scenario play out, and he says companies can avoid it by planning ahead. Employers that hire foreign national workers need more than a lawyer who files paperwork. They need a strategic immigration program that covers every stage of the employee lifecycle, from recruiting to offboarding.

Hellrung and his fellow co-founder and managing partner, Matt Meltzer, made that case during a From Day One webinar about “Building a Resilient Immigration Program: What Every HR Leader Needs to Know.”

Start With a Clear Sponsorship Policy

A written sponsorship policy sits at the center of any strong immigration program. Hellrung recommends a three- to five-page document that covers which visas the company sponsors, who qualifies, how the company splits costs with employees, and who approves exceptions.

Meltzer takes a lighter approach for smaller teams. “If you’re a company of fewer than five sponsored employees, it’s not usually worth the effort to write a policy at all,” he said. Even at larger companies, a first policy can fill a single page. “There’s no reason a policy has to be long,” Meltzer added.

Both partners favor sharing the policy with foreign national employees. Hellrung says that transparency signals care for a group whose visa status shapes nearly every career decision. “The most important thing that you’re offering them besides salary is their immigration sponsorship, and they want to know that you’ve got your act together as an employer,” he said.

A written policy can also protect the company during an investigation. If a former employee files a complaint with the Department of Labor or the Department of Justice, Hellrung says, the company can show that it followed its documented policy. Hellrung now urges clients to review that policy more often because immigration rules keep changing. “I would have said once a year, but now I’m saying at least once a quarter,” he said.

Bring Immigration Into Recruiting Early

Meltzer encourages companies to decide where sponsorship widens their talent pool. Many new graduates qualify for Optional Practical Training (OPT), which provides 1 to 3 years of work authorization without employer sponsorship. In Meltzer’s view, ignoring these candidates is costly because he estimates that half of students in U.S. science, technology, engineering, and math (STEM) master’s and PhD programs are foreign nationals.

“If you are recruiting right out of school, and you’re not considering any foreign candidates, you have nixed 50% of the qualified applicants,” Meltzer said.

Meltzer cautions that recruiters may ask only two screening questions about immigration status. “Do you have work authorization today? Will you now or in the future need sponsorship?” he said. Employers can also choose which visas they support. A company might decline to sponsor an H-1B for a role but sponsor a TN visa, a category reserved for candidates from Canada and Mexico.

Avoid Costly Compliance Mistakes

Some shortcuts create serious liability. Employers must pay most H-1B costs, and pushing those costs onto workers can backfire. Meltzer warned that a company in that position is “only one complaint to the Department of Labor away from an unpleasant investigation.”

Hellrung estimates that the mistake ends up costing about three times the original sum once back pay, fines, and legal fees add up. “Just pay the person what they’re owed,” he said.

Job postings carry risk as well. Unless a role involves defense work or falls under International Traffic in Arms Regulations (ITAR) restrictions, Meltzer advises employers to never state that a job requires U.S. citizenship. Hellrung notes that a citizens-only requirement discriminates against lawful permanent residents, a protected class.

Rising filing fees are driving up immigration costs. Hellrung’s team has cut client spending by using premium processing, which he pegs at about $3,000 per case, only when timing truly matters.

Plan for Travel and Offboarding Risks

“Travel is without a doubt the biggest hiccup in immigration right now,” Meltzer stated. “It is harder to get appointments than ever before.”

Hellrung estimates that the share of visa holders pulled into secondary inspection has climbed from about 0.1% to roughly 1%. He stresses that most travelers still cross without trouble, but employers need a plan for workers stranded abroad for weeks or months, including pay, leave, and system access.

Offboarding demands the same foresight. Meltzer notes that employers must offer to cover return travel for departing H-1B and O-1 workers who don’t stay in the U.S.

Use Green Cards to Build Tenure

Hellrung treats green card sponsorship as a retention tool rather than a hiring incentive. Most of the firm’s clients start the process about a year after a worker joins. “If you don’t do this, this employee will almost certainly leave at some point,” he said.

Meltzer sees a recruiting edge, too. If competitors sponsor green cards at 18 months, a company that commits to nine months may win stronger candidates. “Someone may take a reduction in salary for more guarantee of green card sponsorship within a specific timeline,” he said.

That loyalty gives HR leaders a way to measure return on investment (ROI). Hellrung suggests comparing the average tenure of sponsored workers with that of the rest of the workforce. “An immigration program structured properly, you can manufacture tenure.”

Prepare for Audits and Rule Changes

Immigration enforcement keeps expanding. Meltzer describes U.S. Immigration and Customs Enforcement (ICE) as the largest police force and best-funded agency in the federal government today, and he warns that a single disgruntled employee’s tip can prompt a Form I-9 audit. I-9 compliance errors are common. “Of all the I-9 audits we’ve done, I’ve never seen any employer that’s done them perfectly,” Hellrung said.

Meltzer advocates naming one internal point person to manage the program. When several HR business partners share the work, he explained, “Those programs are inherently more inefficient. They move slower. They give worse employee experiences.”

Hellrung expects new prevailing wage rules to make permanent labor certification harder, so he urges clients to start eligible green card cases now.

Still, Meltzer sees openings for employers willing to stay the course. He says the proposed $100,000 H-1B fee drove many employers out of this year’s lottery, which lifted his clients’ selection rate to 50%, up from roughly a third. Sponsored workers are staying longer, too. “Some of these challenges also create opportunities,” Meltzer concluded.

Editor’s note: From Day One thanks our partner, Meltzer Hellrung, for sponsoring this webinar.

Ade Akin covers artificial intelligence, workplace wellness, HR trends, and digital health solutions.

(Photo by belterz/iStock)