Benchmarking Study: U.S. Immigration Program Management

Transcription

1 Benchmarking Study: U.S. Immigration Program Management SEPTEMBER 2015

2 METHODOLOGY In August 2015, the U.S. chapter of the Global Immigration Benchmarking Association (IBA), with support from the New England Immigration Networking Group (NEING) and Berry Appleman & Leiden LLP, conducted a survey of fifty in-house professionals regarding how their companies manage the U.S. immigration function. The confidential survey consisted of 18 questions that covered areas central to U.S. in-house immigration practices, including budgets, program structure, and vendor management. Respondents include 20 Fortune 500 companies that represent over $750 billion in revenue. Five survey respondents are among the top 50 employers in the U.S., comprising close to 800,000 workers combined. Participating companies represent a wide range of industries, including manufacturing, financial services, technology or electronics, engineering, oil and gas, and transportation.

3 SPONSORS Global Immigration Benchmarking Association (IBA) provides in-house immigration professionals with the tools and information they need to navigate the increasingly complex world of immigration. Through regional chapters around the world, IBA participants gain insight into global immigration trends and industry practices. Several hundred companies, in every industry, participate in surveys and events. Berry Appleman & Leiden (BAL) is a global corporate immigration firm providing representation to employers and their personnel worldwide. Founded in 1980, the firm has offices in seven countries and its 500 immigration professionals represent a wide range of companies, from some of the world s largest corporations to small start-ups in emerging growth industries. New England Immigration Networking Group (NEING) provides an informal platform where internal HR professionals can meet to discuss the challenges that arise when managing a corporate immigration program. The group meets to discuss industry policies, compliance concerns, and relevant issues that arise in the immigration and global mobility HR community.

4 KEY TAKEAWAYS Companies are more likely to outsource green card applications than temporary work visa applications. Approximately one in five companies handles H-1B or L- 1B filings in-house. Three-quarters of U.S. immigration programs now manage some aspect of global (non-u.s.) immigration. One-third of companies assign responsibility for I-9/E- Verify compliance to a department other than the U.S. immigration team. Seventy percent of U.S. immigration programs operate with one or two full-time professionals. Aside from resource constraints, responding to burdensome Requests for Evidence (RFEs) from the government is the greatest challenge for in-house immigration professionals. Over fifty percent of companies pass along costs for immigration legal and filing fees to business units.

5 Which areas of responsibility does your U.S. immigration program manage (check all that apply)? U.S. immigration (temporary assignments) U.S. immigration (permanent relocations) Labor Condition Applications (LCAs) Form 1-9/E Verify compliance H-1B PAF posting and record-keeping Advise recruiters on PERM process Immigration vendor relationship(s) Other North America immigration Other global immigration Other 10.2% 92% 92% 94% 65% 92% 90% 92% 79.5% 71.4%

6 Which applications are prepared and filed by the in-house immigration team in the U.S.? H-1B LCAs L-1 O-1 PERM I-140 I-485 B-1 Consular Visa Applications 8.5% 21.2% 19.1% 21.2% 14.8% 17% 14.8% 23.4% 36.1%

7 How is the U.S. immigration program structured within your company? Centralized: team solely in the U.S. 54.2% Centralized: team in the U.S. and with resources overseas 29.2% Decentralized: multiple personnel have responsibility across business units 14.6% Other 2.1%

8 Approximately how many full-time employees (FTEs) at your company work directly on U.S. immigration functions? Please include resources based in the U.S. or abroad, if they handle U.S. immigration % % More than 20 Other 10.6% 6.4% 4.3% 2.1% 6.4%

9 Which department has principal budgetary responsibility for your U.S. immigration in-house personnel (i.e. your immigration team)? Legal 6.1% Global 28.6% Human Resources 46.9% Business Unit(s) 14.3% Other 4.1%

10 Which department has principal responsibility for legal and filing fee costs associated with U.S. immigration filings? Legal 6.1% Global 16.3% Human Resources 22.4% Business Unit(s) 51% Other 4.1%

11 Who prepares B-1 Invitation Letters for your company (check all that apply)? In-house immigration team in the U.S. 36.1% Human Resources 23.4% Global Mobility Business Unit or Division 12.7% 17.0% In-house immigration team outside the U.S. 6.3% Outside law firm We do not prepare B-1 Invitation Letters 10.6% 14.8% Other 6.3%

12 Who handles consular visa applications and appointments (check all that apply)? In-house immigration team in the U.S. 23.4% In-house immigration team outside the U.S. 6.3% Outside law firm 38.2% Employee Responsibility 57.4% We do not prepare consular visa applications Other 4.2% 2.1%

13 Please identify the biggest challenges for your internal immigration team/program (check all that apply). Sufficient in-house immigration staffing or resources Tracking employee work location(s) Business units complying with wage obligations Gathering paperwork for case filings H-1B posting or record-keeping obligations Requests for additional evidence are burdensome Inconsistent agency adjudications Administrative site visits or government audits 1-9/E-Verify obligations Monitoring changes in law or policy Other 8.8% 13.3% 8.8% 8.8% 22.2% 24.4% 24.4% 35.5% 37.7% 44.4% 60.0%

14 At any time, approximately how many foreign national employees of your company require ongoing immigration support (e.g. working in the U.S. pursuant to a work visa or an Employment Authorization Document)? % 25.5% 27.7% % More than % 10.6%

15 What is the total worldwide workforce for your company? % , % 20,001-50, % >50, %

16 How does the size of the foreign national workforce affect the number of employees dedicated to the U.S. immigration function? Foreign National Population Immigration Team Size (FTEs) > *Excludes in-house programs that do not outsource any work.

17 How does company size affect the number of employees dedicated to the U.S. immigration function? Total Company Size (Workforce) Immigration Team Size (FTEs) , ,000-50, >50, *Excludes in-house programs that do not outsource any work.

18 U.S. Immigration Program Management SEPTEMBER 2015