Maney - Strategic immigration planning

Avoiding the Talent Shortage by Using Immigration Strategies

Richard Maney

Maney & Gordon, P.A.

Immigration Attorneys

Tampa • Orlando • Miami • Albuquerque • El Paso

Strategic Immigration Planning

Why Do We Need A Strategic Immigration Plan?

• The “Perfect Storm of Conditions” will lead to a severe Talent Shortage

• The 4% Factor can transform your organization

• Competitive Advantage for your organization

• The Value of Cultural Diversity for your organization

The Forthcoming Talent Shortage – Storm #1

• Baby Boomer Retirement – The Employment Policy Foundation (EPF) estimates that around 80 percent of the looming labor shortage will be due to lack of skill instead of the number of available workers to take the boomers’ place. The majority of the baby boomers are highly skilled and have decades of experience behind them. The upcoming labor force lacks the skills and talent that the up and coming companies require to stay competitive within the world.

The Forthcoming Talent Shortage – Storm #1Baby Boomer Retirement – Seventy-six million baby boomers were born between 1946 and 1964. The oldest of the baby boomers are already retired and the Bureau of Labor and Statistics projects that many more will leave the workforce due to death, disability, or retirement by 2018. This will adversely and dramatically affect the U.S. economy, especially the workforce. In addition to the baby boomer retirement crisis, BLS estimates that there is a much smaller pool of skilled workers coming in to take the baby boomers’ place in the workforce.


• International Competition – Over the next 15 years, approximately 3.3 million American jobs and $136 billion USD in annual salaries will be lost to India, China, the Philippines and Malaysia. Many more foreign companies will be establishing operations in the US and competing for US workers right here.


• Globalization of the workforce - Next year it is anticipated that 100,000 Chinese and 100,000 Indian immigrants will leave the United States to return home to work. What was once a trickle of emigration, has now become a waterfall.

• Increasing numbers of Americans are seeking work assignments abroad in the new rapid growth economies. Many countries are facilitating movement by easing immigration restrictions.


The failure of the US educational system and the resulting decline in STEM candidates –


The Talent Mismatch– Fifty-two percent of U.S. employers have reported difficulty filling the talent shortage—a 38 percent increase over last year. This is one of the fastest growing concerns of US employers – and this was reported while the economy was still in the early stages of recovery.

By 2020, it is estimated that approximately 10 million new skilled workers will be necessary to fill the talent shortage.


• The numbers are not there! Gen X and Gen Y cannot

replace the retiring Baby Boomers. – So who will take the boomers' place? It is reported that the “baby bust generation” (Generation X) totals only 47 million and the “echo boom” generation (Generation Y) totals about 60 million. About half of the generation Y population are teenagers and college age students. Consequently, this generation will not be filling the boomer’s jobs in the near future. The workforce crisis has started and will continue growing much faster than colleges will graduate highly skilled professionals.

The 4% FactorThe Impact of greatness upon your organization

• Star Power – The ability of a person with exceptional talent, determination, work-ethic or vision to impact an organization or team is often exponential.

•Size of the Pool Counts – A critical limiting factor or the result of recruiting is the size and diversity of the recruiting pool.

Imagine if you had to recruit all of your talent for your company from Bowling Green, Florida, population 2,892.

Vietnam

The 4% FactorGreat People = Great Results

• Quality of Candidate – Immigrants typically undergo a severe screening before being allowed into the United States. Those admitted typically represent the top 4% or better of all applicants.

• Work Ethic of Candidate – Immigrants are draw to the United States by the opportunity to succeed through dedicated work. Lazy people stay home!

• Specialized Skills of Candidate – Immigrants often hold skills that are in short supply in the US workforce.

• Loyalty of Candidate – Immigrants view employment with a higher level of long term commitment, as the sponsorship breeds loyalty

Vietnam

The 4% FactorGreat People = Great Results

• Cross Cultural - Candidates can draw upon two cultures for ideas and approaches

• Dual-educated – Candidates have benefit of two or more systems of education

• Dual-trained – Candidates may have training that can provide a competitive advantage

• Crème de la crème and the High Hurdle – Immigration laws are so difficult to navigate, only the very best get into the

US

Vietnam

The Value of International Diversity

• Motivation of Candidate – The barriers to immigrating to the United States are many and substantial. Only the most motivated clear the hurdle.

• The Diversity of Candidate – Diversity has its own rewards by stimulating new ideas and creating a fusion of divergent thought processes. The leadership influence of highly motivated, loyal hard-working employees can have a profound impact on the domestic staff.

• Visionary Candidates – Considering the high level of sacrifice involved in leaving a home, culture, family and friends, most immigrants are driven by a sense of vision. This visionary ability translates into advantages for US employers.

Jamaica

Strategy #1

The Immigration Policy

The cornerstone of corporate accomplishment begins with the formulation of a well-stated policy. If there is no immigration policy, uncertainty and misinformation will dictate the course and the results.

• An immigration policy should clearly state that the company is proud to sponsor qualified applicants for immigrant and nonimmigrant benefits.

• An immigration policy should be part of the larger affirmation of company diversity.

• An immigration policy must be published to be effective. The language should appear everywhere that affirmative action language appears, such as recruiting materials and on the company website.

Strategy #1

The Immigration Policy

The immigration policy should also contain guidance on sponsorship issues:

• Who will pay the costs?

• Who will pay the legal fees?

• Who will choose the law firm?

• Who will review and sign any required petitions or applications?

• Who will be responsible for costs and legal fees for dependents?

• Will there be any division or reimbursement to the candidate or the company, where allowed by law?

Sample Immigration Policy

Statement: Atlas Corporation values cultural diversity and offers legal visa sponsorship to qualified international candidates.

Atlas Visa Sponsorship Policy

• Atlas will pay for filing fees and legal fees where required by law for required non-immigrant employment-related visas.

• Non-immigrant visa employees bear responsibility for visa filing fees and legal fees for all dependents.


• Atlas, at each annual review, may consider serving as the employer sponsor for the employee’s lawful permanent residence.

• Upon management approval, Atlas may elect to serve as the immigrant employer sponsor. In such case, Atlas shall pay any legal fees or costs required by law to be paid by an employer. Such sponsored immigrant employees shall pay for all other legal fees and costs incurred in the immigration process.


• Atlas shall select or approve the attorneys utilized in any immigration process.

• Atlas shall designate a single point of company contact for all communications related to any visa application.

• Atlas maintains the right to withdraw visa sponsorship at any time for any reason.

• Unless otherwise covered by a collective bargaining agreement, all employment is “at will.”

Strategy #2

Forecasting HR Needs

• Executive – May need to recruit from foreign competitors, recruit for specific company needs, or transfer from offices abroad.

• Managerial – High level recruits from top colleges, recruit from competition, or transfer from offices abroad.

• Specialized Skills – Recruits or transfers with specific technology or intellectual property or knowledge of company’s processes. Can include temporary and permanent positions.

•Professional – Persons with bachelor degrees or higher.

•Seasonal – Employees needed for peak season or one- time application.

Strategy # 2

Developing the Methodology to Survey Long-term HR Needs

• Requires knowledge of long range company plans (such as geographic expansion, service mix expansion, technology and intellectual property development)

• Requires projection of labor needs by visa category (executive, management, specialty occupation, specialized skills, temporary workers, training, outstanding ability workers, NAFTA, etc.)

Strategy #3

Coordinate Needs with Tactical Immigration Alternatives

• Virtually all staffing needs have a corresponding immigration tactical approach, and often, multiple approaches with various benefits.

• Virtually all staffing needs can be addressed by a strategic long-term application of immigration tactics over a three to five year time-frame.

• Strategic planning involves the matching of visa alternatives with specific needs and allowing appropriate processing times.

Tactical Immigration Strategies

Visas most commonly used by employers:

• L-1a Intracompany Executives & Managers

• L-1b Intracompany Specialized Skill Employees

• H-1b Specialty Occupation (College degree or equivalent required).

• H-2b Temporary Worker (Seasonal, peak, one-time)

• H-3 Trainee

• B-1 Business Visitor

Tactical Immigration Strategies

Visas most commonly used by employers –continued:

• E-1/E-2 Treaty Visas

• J-1 Exchange Visitor

• O-1 Extraordinary Ability (Arts, Science, Business)

• P-1 Entertainer/Athlete

• TN NAFTA Professional

• Lawful Permanent Residence (Green card)

HR Immigration Strategy Planning Matrix

Visa Type Duration Executive Management Specialized Skills Low Cost Labor Seasonal Professional Training

L-1a Intracompany Transferee 7 years x x x

L-1b Intracompany Transferee 5 years x x

H-1b Specialty Occupation 6 years x x x x

H-2b One Time Occurrence Worker 1 year x

H-2b Seasonal Worker 1 year x

H-2b Peakload Worker 1 year x

H-2b Intermittent Need Worker 1 year x

H-3 Trainee 2 years x x

J-1 Summer Work/Travel 3 mos x x

J-1 Research Scholar 3 years x x

J-1 Trainee 18 mos x x

J-1 Specialists Expert Consultants 1 year x x

O-1 Extraordinary Art, Science, Bsns 3 years+ x x x x

P-1 Athlete 5-10 yrs x x

P-1 Entertainer 1 year x

Treaty NAFTA Professional 3 years x x x x x

Lawful Permanent Residence Life x x x x

Strategy #4

Recruit for Future Needs Based on Available Tactical Immigration Timetables• Time tables vary by visa class

• Processing times vary by USCIS or DOL workload

• Time tables for employment visas range from 15 days to 5 months for non-immigrant visas and from 12 months to 36 months, or more, for immigrant visas.

Strategy #4Recruit for Future Needs Based on Available Tactical Immigration Timetables• Example: A hospital needs 100 qualified and licensed Registered Nurses. The processing time is currently approximately 48 months (except for

Canadian and Mexican RNs under NAFTA’s TN visa). The hospital can project its needs for RNs for the period 48 months from now. By beginning to process the visas now, full staffing can be achieved within 48 months.

Strategy #4Recruit for Future Needs Based on Available Tactical Immigration Timetables•Example: A hotel requires temporary hospitality staff during the “winter” season. By projecting those needs 8 months in advance, the proper H-2b visas can be secured.

• Example: A company needs workers to do telephone survey work and related sales. By projecting those needs 6 months in advance, the proper J-1 training visas can be secured.

Strategy #5

Talent Banking

• Where the employer has a continuing need for specific talents or job skills, the employer can project those needs over the next five years and by filing the appropriate number of petitions and applications each year, assure a steady flow of specialized talent each year.

Strategy #5

Talent Banking

Example:

• The chain of Thai Restaurants constantly needs Thai specialty cooks in each restaurant. There are virtually no Thai specialty cooks available from the domestic workforce.

• The environmental company needs workers who can weld the plastic liners for landfills.

• The manufacturing company needs workers with special knowledge of machine maintenance.

Strategy #6

Training Recruiters to Screen International Candidates

• Recruiters need to be trained in the type of international candidates, how to recruit them, how to screen them, and how to retain them.

• Recruiters must be familiar with the Immigration Policy.

• Recruiters need to be given a target for international candidate retention and some aspect of reward for reaching or exceeding that target.

• Recruiters must be instructed on the higher priority of seeking the 4% factor candidates.

Strategy #7

Run for the Borders!

• The TN visa has a short application period and can be extended in three year increments indefinitely!

• The TN visa allows the HR manager to shop both professions and languages.

• The TN visa provides for the broadest framework of visa alternatives.

• Go ahead, pick a STAR! TN visa holders typically enjoy a higher standard of living in the United States.

Treaty NAFTA Approved Occupations

• These occupations qualify for either Canadians or Mexicans

• Areas include:

• Professional

• Scientist

• Teachers

• Medical

Professional

Accountant, Architect, Computer Systems Analyst, Disaster Relief Insurance Adjustor, Economist, Engineer, Forester, Graphic Designer, Hotel Manager, Industrial Designer;

Interior Designer, Land Surveyor, Landscape Architect, Lawyer, Librarian, Management Consultant, Mathematician, Statistician, Land Range Manager, Conservationist;

Research Assistant, Scientific Technician/Technologist, Social Worker, Sylviculturist, Technical Publications Writer, Urban Planner, Vocational Counselor;

Scientists

Agriculturist, Animal Breeder, Animal Scientist, Apiculturist, Astronomer, Biochemist, Biologist, Chemist, Dairy Scientist, Entomologist, Epidemiologist;

Geneticist, Geochemist, Geologist, Geophysicist, Horticulturist, Meteorologist, Pharmacologist, Physicist, Plant Breeder, Poultry Scientist, Soil Scientist, Zoologist;

Teachers

College, Seminary, or University;

Medical

Dentist, Dietician, Medical Laboratory Technologist, Nutritionist, Occupational Therapist, Pharmacist;

Physician, Physical Therapist, Psychologist, Recreational Therapist, Registered Nurse, Veterinarian.

Strategy # 8

Shift the Management Viewpoint:From Short-term to Long-term

• The time frames for immigration vary from 15 days to several years

• Many employers who are “focused on the moment” fail to recognize the long-term potential of our nation’s immigration laws

• Long-term planning has substantial rewards in providing a highly trained, highly motivated and capable workforce.

Strategy # 9

Shift the Management Viewpoint:From Liability to Asset

• The immigration laws represent an organization’s right to hire the best workers from anywhere in the world.

• Competitive companies are increasingly utilizing the nation’s immigration laws to their strategic advantage

• The advantages of the 4% factor outweigh all costs and other concerns

Strategy # 10

Shift the Management Viewpoint:From Reactionary to Proactive

• Employers too often think of immigration as a last resort to fill a particular need.

• By expanding recruiting to include international candidates located here and abroad, the pool of candidates will include greater numbers of the 4% candidates.

• By being proactive in strategic immigration planning, employers can gain tremendous competitive advantage

Conclusion

By careful strategic immigration planning, it is possible to create a powerful competitive advantage by successfully recruiting outstanding staff from the United States and abroad!

Mexico

Q & AThailand

“The world has amazing talent, let’s not squander it!”

Maney - Strategic immigration planning

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