The Status of Immigration, Proposed Changes to Immigration Policy, and What All of This Means for HR - Research Paper Example

? Research Paper Immigration Policies in the United s – Implications to Human Resources Zhe Li& Dening Liao of Miami Immigration Policies in the United States – Implications to Human Resources Introduction: The U.S. Congress solely undertakes immigration policy. The authority is bestowed upon Congress, which enables them to enforce immigration policies by which any foreign-born person can have the legal right to enter United States, to work, or seek protection without any explicit permission of any other body. Human Resource Department plays a significant role through which the government designs and enforces immigration policies that comply for the best interests of individuals and for United States (Walsh, 2013). An analysis of current and required legal immigration policies is being discussed with the implication to Human Resources. An Overview of Immigration Laws: Federal immigration law of United States establishes if any person is eligible to gain residence or citizenship within the country. The law provides a means through which certain individuals may become legally naturalized citizens with all rights of citizenships. It is the responsibility of Federal government to determine the immigration policies by controlling visa processes. There are two types of visas: “immigrant visas” and “non immigrant visas”. Primarily the visitors or tourists are issued non-immigrant visas. However, the holders of immigrant visas may be permitted to stay in the United States by fulfilling few legal requirements (Walsh, 2013). Legal requirement for Immigrants: United States, policy makers are providing immigration support to its current and other Foreign Nationals as per their immigration policies underlining the areas of Human Resource so they can make a significant contribution in the workforce of any organization. There are legal terms, which are used for individuals who are migrating to the United States depending on their visa status and immigration status: Foreign National: is a term used for members who are not citizens of United States. They can be Lawful Permanent Resident (“green card” holder), Refugee or Temporary Resident as per1986 amnesty program when they were appointed by any organization. Nonimmigrant Visa Status: is a temporary immigration position, which provides permission for a Foreign National to work or study at any University. It includes H-1B status, TN status, and O-1 status. Immigrant Status, Permanent Residence or “green card”: is the term given to a status, in which individuals have the right to live, work or study in the United States. A close family member or an employer may sponsor these persons to become permanent residents (Walsh, 2013). Confirmation of Employment Authorization  As per the policies it is required by the federal law that all employees which are hired after November 6, 1986, without prejudice, whether the person is U.S. or foreign-national, has to sign United States Citizenship and Immigration Service Form I-9, the Employment Eligibility Verification. Employees must complete Section 1 of Form I-9 and give all original documents or documents as required so that their identity is established. The Director of Employee and Labor Relations then reviews this copy and the information is recorded (Walsh, 2013). Employment of Foreign National Workers As per the policies for Foreign National workers, employees will not be allowed to work for any organization until approved by federal law.  The organization’s Human Resource Department will determine if the Foreign National is authorized to begin employment. In order to be employed by the University, the worker must have a Nonimmigrant Visa or Employment Authorization Document, which is not expired (Walsh, 2013). Immigration Sponsorship does not affect or replace Employment Policies There may be any employer’s conformity or willingness to sponsor any foreign worker for legal permanent residence. It may not be a contract of employment and may not supersede any of the employer’s Human Resource policies relating to employment or hiring element. Moreover, any declaration made by the employer in support of any immigration-related application or petition may not supersede or be included in any employment-related evaluation, including evaluations for occupancy, promotions, increasing wages or incentives (Walsh, 2013). Immigration and Nationality Act (INA): The Immigration and Nationality Act of 1952 (INA), which is also known as McCarran-Walter Act, was an influential organization, which established all nationality-based quotas and eradicated all race-based quotas, INA influenced American immigration law in enforcing these quotas by forming INS (Immigration and Naturalization Service). Congress, conceded the INA, and few terms developed, like “alien” as a person who is lacking citizenship of the United States. People migrating to United States can be alien or non-alien. There are areas where aliens maybe resident or nonresident, immigrant or non-immigrant or aliens may illegally live in United States without legal documents, (the people’s entry in United States having no proper records or identification which can be either expired or invalid). The INA ensures that individuals have all these requirements when entering into United States. Furthermore, it was important that there are proper records and border crossing identification card or a reentry permit (Anderson, 2010). Department of Homeland Security: On March 1, 2003, the Department of Homeland Security was established which replaced, INS.  The Bush Administration created this department to promote intelligence sharing through dialogue between different groups or agencies, which were responsible for solve issues of domestic emergencies, such as natural disasters and terrorism within the country. Three agencies were established within the Department, namely, U.S. Customs and Border Enforcement (CBE), U.S. Citizenship and Immigration Services (USCIS), and U.S. Immigration and Customs Enforcement (ICE). These agencies now handle the responsibilities of the INS.  At present, the CBE handles the INS's border patrol tasks, the USCIS takes control of the INS's naturalization, and permanent residence issues and the ICE takes care of the INS's deportation and investigatory roles (Anderson, 2010). Current State of Immigration Policies: It was estimated, as of mid-2011, approximately 15.8% of the American workforce was foreign-born, and immigrants may come about 82% of the population growth from now until 2050, where there will be more foreign-born individuals in the country’s workforce. Non-citizen foreigners who are eligible to work in the United States are known as legal aliens, while those who do are not legally allowed to work are named illegal aliens. It is necessary to reform visa and citizenship process for immigrants so that the country is able to retain its competitiveness in various fields in the global world. Also, the visa process is very lengthy and waiting periods are more. United States, currently issues 140,000 green cards every year. There are more applications coming from India and China so they are waiting more for this procedure but during this period if any employer lays the people off then they may have to return home and stagnate their career. Therefore, many proposals have been made within the congress to improve these processes, which include the bipartisan Startup Act 2.0, which would initiate a “startup visa” for foreign entrepreneurs so as to eliminate visa quotas of individual countries. There is much criticism on H-2A program, which grants temporary visas, for being costly and encouraging illegal immigration. Hence, in 2003 there was an Act known as Agricultural Job Opportunities, Benefits, and Security (AgJOBS) which was passed, modifying the H-2A program allowing undocumented workers to apply for green cards under certain conditions. This was later floundered in Congress (Walsh, 2013; Clarke, Thekdi, & Avila, 2013).  Development, Relief, and Education for Alien Minors Act--known as the DREAM Act The DREAM Act would provide a platform for citizenship for youth with no documents who immigrated as children with their families’ children. In June 2012, President Obama declared that the federal government will not deport individuals who immigrated to the United States before sixteen years of age and having no criminal history. Immigrants, under this policy, would be entitled for two-year work permits with renewal. In 2013, an immigration reform plan was release through which individuals who illegally migrated as children could apply for citizenship (Walsh, 2013). E-Verify: The use of E-Verify has been undertaken to verify an employee’s immigration status across the country. Many states have made it mandatory to use it, while California prohibited its use. Some states like Arizona, Alabama, Georgia and South Carolina passed SB 1070, a controversial law, which was imposing punishments on undocumented immigrants. The federal government challenged this jurisdiction but the court allowed the enforcements to verify the documents of citizenship. Immigration and Customs Enforcement (ICE) play a very significant role, ensuring all practices are legal and as per the immigration laws and procedures (Walsh, 2013; Mathis & Jackson, 2011). Discrimination of Immigrants at work place: There are many issues faced by the Foreign Born Children working in any organization. This discriminatory behavior towards them is due to the difference in social class, socio-occupational category and caste. People of different races and religions are working in organizations. Few behavioral elements may show that they are coming from a certain class. In this multi-cultural setup, the management must take into consideration that they are treated fairly and there is equal employee behavior. Any discrimination based on social origin may deny the employee to work progressively, for them as well as for the organization. In some parts of the world, certain people coming from different backgrounds are considered to be inferior and face discrimination at work or they get menial jobs (Mathis & Jackson, 2011). The Immigration and Reform Control Act – IRCA: The law as per the Immigration Reform and Control Act of 1986 (IRCA) forbids discrimination of national origin in any aspect of employment, which may include hiring, job placements, salary payments, job descriptions, promotions, layoff or firing and even during training and other conditions of employment. Hence, it is unlawful that the employer practices such behavior in the work place, which questions or has an impact on an individual’s origins. It is the duty of Human Resource Department to take notice of such practices. If an employee has issues in talking in fluent English he should not be harassed, if there is a communication barrier or the job requires such fluency then there should be some programs by the Human Resource Department which can cover these aspects through training. The law places a restriction on employers from hiring individuals who do not have the status of US citizen or are not permanent residents unless they are required by the government contract or specifically mentioned in the law. In the same way, employers need to have access to the lawful documents that ascertain the eligibility of an employee based on the employee’s national origin. IRCA supports employees who assert their rights under the Act and prohibits retaliation of individuals who file a charge investigation under IRCA (Walsh, 2013). The United States Citizenship and Immigration Service (USCIS): In January 2012, US Citizenship and Immigration Services proposed a notice through which there would be a reduction in time of citizens who were separated from their families through certain circumstances while the family members were trying to obtain their visas through a legal process to become immigrants of United States. Initially the process was very lengthy and families were not allowed to meet but through this preposition there would be processes by which they would help families to achieve visa statuses by a provisional waiver, and have their immigrant visa application processed legally (Anderson, 2010). Proposed Changes to Immigration Policies: In the current scenario, the revision of immigration policies is needed so as to preserve the integrity of International borders. The policy makers working in a Human Resource need to fix or remove bodies that support dysfunctional immigration bureaucrats. Moreover it is also essential to increase legal immigrants through effective policies and role-playing of management to place these immigrants where their demand is required and to keep families together. Obama administration's immigration agenda which was posted on the White House website is as follows, “The time to fix our broken immigration system is now… We need stronger enforcement on the border and at the workplace… But for reform to work, we also must respond to what pulls people to America… Where we can reunite families, we should. Where we can bring in more foreign-born workers with the skills our economy needs, we should” (President Obama, 2007). Human Resources professionals need to determine if employees who are eligible to work have fulfilled their legal requirements. Flaws in administering illegal occupant’s results are due to poor management and unaccountability by the Human Resource Department. Recently there was a case in which the U.S. Justice Department declared that Infosys Corporation, an Indian consulting, technology, and outsourcing company, arranged a civil settlement for charge of systemic visa fraud in the immigration procedure. As per the settlement, Infosys requires to make an imbursement to the United States of $34 million, which is supposedly the largest payment charged in an immigration case (ICE, 2013). The allegations included that Infosys with their full intention, unlawfully used B-1 visa holders for labors in employment, which required legitimate H-1B visas. It was also suspected that Infosys did not maintain I-9 records for its foreign nationals in the United States in the years 2010 and 2011 as per the law. They were also alleged for billing clients using off-shore resources when the job was being performed by B-1 visa holders in the United States. Infosys has agreed to improve corporate compliance procedures. The agreement need additional auditing for I-9 forms; to report for B-1 usage; a contract stating continuation to use detailed requests, and the continued application of corporate disciplinary practice for employees that abuse the immigration laws of the United States (ICE, 2013). Through effective policy making strategy for immigrants the Human Resources Department needs to instill new system, which can encourage people from other nationalities to come to US. To ensure that they are eligible to work, meet all legal requirements so that they use their knowledge and expertise for the development of United States.(Moran, Harris, & Moran, 2007). Questions about the Immigration Policy Any inquiries regarding Immigration policies may be specified to the Director of Employee and Labor Relations in the Office of Human Resources. If there are any exceptions to any policies they have to be applied and approved by the higher authority of any organization, consulting Human Resource representatives (Walsh, 2013). Gang of Eight: By 2012, the reformation of immigration policies was made a high priority. In February 2013, a group known as “Gang of Eight” was established containing a group of four Democratic and four Republican senators. They were built to enhance border security, to provide a platform for undocumented immigrants of low skilled workers to file for citizenship, taking measures to prevent employers to hire undocumented workers and also to modify legal immigration set-ups.(La Venia, 2013). Furthermore they were also required to increase the number of H1-B visas allocated to workers who were high skilled, and also launch courses for guests or seasonal agricultural workers. Immigrants with no documents would be eligible to apply for a temporary "nonimmigrant visa" but they would have to serve a period of ten years without federal benefits and then may apply for permanent residence. The law also enforces provisions of fast track for individuals in universities obtaining science, technology, engineering or math (STEMs). This now has to be approved in the House of Representatives but there are few reasons that may not support reformation of these immigration laws as Boehner (a current speaker in the House of Representatives) violated the Hastert rule which recognizes the power of majority, hence, it allowed the Senate-brokered budget agreement to pass to Democratic support, for this reason he may not have enough political capital to take measures in reforming immigration processes. (Walsh, 2013; Clarke, Thekdi, & Avila, 2013). Implications to Human Resources: The American Council on International Personnel: The American Council on International Personnel is a strategic affiliated body of the Society for Human Resource Management (SHRM), covering around 260,000 Human Resource Professionals who are working together to help human Resources and legal professionals of organizations to deal with all the global management issues of employment based immigration systems (Anderson, 2010). The American Council on International Personnel and the Society of Human Resource Management established a primer “Navigating the U.S Employment-based Immigration System” as a very significant component to build workforce in this competitive global economy. Through this primer it was established the fact that even if there was high unemployment rate in United States but employees have opened jobs for workers of different skills which are not filled due to the fact that there are no such skills present in the worker which are required. There are many factors contributing in effective workforce in America, hence, if all the business leaders, educators and policy makers need to gather together and develop a strategy to initiate adaptable and flexible workplaces for different individuals who are coming from different parts of the world and work towards reasonable immigration policies. There are complex laws, policies and court decisions, which govern employment based immigration plans containing human resource management implications (Anderson, 2010). Hence, it is the role of Human Resource Professional to deal with all the issues of federal state and local agencies, which have are based on immigration system. Human Resources through strategic planning can hire high skilled workers as required by any organization through immigration programs. By linking these employment-based immigration to any organization, there can be increased productivity through profitability in the organization and competitiveness among individuals. ACIP has simplified all the complex issues and provided solutions to them. There are keys aspects which are mentioned; first, an introduction to the system, America’s role in the global economy, high skilled employment measures, glossary of immigration terms and in the last ACIP’s policy solutions which can serve as a guide to modernize the system through innovation and facing the work force challenges in the United States (Anderson, 2010). Principles of ACIP for Immigration Reform: There are few principles of ACIP, which have facilitated immigration processes through implication of Human Resources in organizations. These principles are linked with achieving a reformed immigration policy through which all the legal rights of employees are safeguarded. High skilled, employment-based immigration system is needed that ensures that employees who are working in an organization are fulfilling all the requirements of a legal immigration system. This system requires that Rewards compliant employers with a “Trusted Employer” program- Through this program many resources in the organization are saved and it is combating against fraud with a clear and predictable application procedure. Validates that employers know best- through which workforces are built and managed effectively. Provides employers assurance in hiring- through a reliable electronic employment system. Ensuring bad forces are sanctioned solving issues in the workplace making sure that the employer is working in good faith with all employees. Makes green cards available through which market-based capital is provided pre country limits are eliminated. Ensuring that employers may have access or retain temporary professionals to create or grow their businesses. Providing answers if any additional fees is placed on complaint employers which is utilized to improve the current immigration services and are not mere tax. Acknowledging that, United States require foreign talent in their workforce to compete in this global world, investing in such professionals who work for the progress of the country. Recognize the significant features of a family unit and take measures to provide appropriate visas and work authorization to employees who have families (Anderson, 2010). Cultural Diversity: Increasing number of students, workers, immigrants who are coming from different countries to America to pursue their education or work are facing many challenges. In any organization where there is cultural diversity, the role of Human Resource is essential to initiate such programs that minimize their political, social or employment related issue (Moran, Harris, & Moran, 2007). Moran, Harris, & Moran (2007) point out, “employees must be made aware of company-wide efforts of enforced behavior and consistency”, explaining that the process of incorporating employees from multiple cultural backgrounds where immigration is prevalent is two-sided, and requires the involvement of both management and team players. There are many different aspects of behavior of the immigrants, which need to be examined by the employers. Such Programs are needed to carry out which safeguard identity of the immigrant. Human Resources need to find out behavioral elements, which are influenced by cultural values if they are effecting the work of the employee or if there is discrimination on those grounds (Moran, Harris, & Moran, 2007). In spite that the immigrants’ role in the workforce of the United States is growing but still the culture of this host country limits their span of working relationship. The association of immigrant employees in the workplace is through Human Resources. A Study revealed, based on a survey of immigrant employees in a U.S. Midwestern city, that adjustment to one’s host culture and retention of one’s original culture, are related to the leader–member exchange (LMX), between coworkers, and mentoring relationships. HR professionals need to have relevant and accurate information presented in a practical format for immigrant employees to help them work effectively and also navigate them through challenging and complex immigration laws and regulations that have an impact on their daily responsibilities (Moran, Harris, & Moran, 2007). Requirements of Human Resource Department: Human Resource authorities or professionals need to have employees’ verification documents containing eligible laws and regulations through which he is bound, requirements for any other visa processes. There can be a situation where it is more beneficial for the company to sponsor for permanent residency, as the process may be lengthy and the employee is usually bound to maintain its relationship to the employer s. Hence, the Human Resource Department designs to answer such queries in a comprehensible manner, presenting information in checklist, table, and facilitate processes which can solve these issues (Walsh, 2013). The attention to immigrant’s role-playing in an organization needs to cover compliance to the legal laws covering two sections; temporary and permanent employment categories, having details on requiring admission for visa options for employment. Moreover, not only aspects of immigration law are essential but also employee’s work tasks and opportunities have a profound impact on Human Resources and enable them to carry their practices effectively. It is the responsibility of employees to bring Human Resource Department to the knowledge, to bear their specific needs on a daily basis. It is necessary to facilitate procedures that are bound by laws in an effective and simple way so that the purpose is served and immigration issues are highlighted. Employment verification is important and every employee. To help HR professionals maintain compliance with federal and state law, it is necessary to understand and implement various steps and tools to ensure that employers can verify the eligibility of individuals to work for them. if there are any present, ways to avoid prejudice, an I-9 compliance plan, and an E-Verify process flow chart. HR professionals also need to provide supervision and information to assist employees to conform to new E-Verify regulations involving personnel who are federal government contractors and subcontractors (Mondy & Mondy, 2010; Walsh, 2013). Present Scenario: Democrats in the House of Representatives have projected an immigration reform bill in 2012 to deal with border security, documents to be legalized, enforcement of immigration laws in the country, and taking control of dysfunctional legal immigration programs. The bill is based on S.744, the Bipartisan Bill, which is an agreement of cooperation of two political parties that are opposing policies of one another. (Roeper, 2013). The provisions discussed included that there would be a platform for citizenship with for immigrants with not complete documents. There should be an expansion of legal immigration in SEMS (science, engineering, math, and technology), increase in visas for low skilled workers and laws allowing an increase of hiring immigrants and placing them where employers feel they cannot recruit U.S workers (Roeper, 2013). Conclusion: The current status of immigration policies, and possible reform looming in the near future, are of important concern for Human Resources professionals. Lynn Shotwell. Executive Director, ACIP, stated, “We are living in a new world, where human capital is the key to success. America risks losing its competitive edge in this modern interconnected economy if our immigration system continues to shut out talented professionals, while our economic competitors roll out the welcome mat” (Anderson, 2010). Immigration policies affect recruiting options in a variety of industries, particularly those that require low-skilled workers or workers with very specific knowledge. Furthermore, immigration policies affect the number of foreign employees in organizations, which entail issues of cross-cultural communication, and training. (Anderson, 2010) Human Resources professionals must also be able to accurately assess eligibility of legal requirements, keep accurate records, take measures that their families stay united and there are no discriminatory issues are taking in the workplace. In this way organization will be able to generate positive outcomes in the society and face the global challenges in this world. Like Margie Jones, U.S. Immigration, stated that, “Allowing our international employees to collaborate with their American counterparts in the United States is part of what keeps us globally competitive, allows us to continue to centralize our technology development in the U.S., and contribute to U.S. economic growth and job creation” (Anderson, 2010). Reference List Walsh, D. J. (2013). Employment Law for Human Resource Pratice. Mason: South-Western Cengage Learning. Anderson, S. (2010). Immigration. Santa Barbara: Library of Congress. Clarke, K. A., Thekdi, N., & Avila, L. E. (2013, January 30). Senators Propose Immigration Reform . Retrieved November 10, 2013, from The National Law Review: http://www.natlawreview.com/article/senators-propose-immigration-reform ICE. (2013, October 30). Indian corporation pays record $34 million fine to settle allegations of systemic visa fraud and abuse of immigration processes . Retrieved 2013 йил 10-November from ICE: http://www.ice.gov/news/releases/1310/131030plano.htm HR.com. (2005). Recruitment and Retention in the High Tech Field. Retrieved November 10, 2013, from HR.com: http://www.hr.com/SITEFORUM?&t=/Default/gateway&i=1116423256281&application=story&active=no&ParentID=1119278077613&StoryID=1119642322000&xref=https%3A//www.google.com/ La Venia, M. (2013, June 28). Update: U.S. Senate Votes to Approve Gang of Eight’s U.S. Immigration Reform Bill and Key Canadian Provisions. Retrieved November 10, 2013, from The National Law Review: http://www.natlawreview.com/article/update-us-senate-votes-to-approve-gang-eight-s-us-immigration-reform-bill-and-key-ca Mathis, R. L., & Jackson, J. H. (2011). Human Resource Management, 13th Edition. Mason: South-Western CENGAGE Learning. Mondy, R. W., & Mondy, J. B. (2010). Human Resource Management. New Jersey: Prentice Hall. Moran, R. T., Harris, P. R., & Moran, S. V. (2007). Managing cultural Differences : Gobal Leadership Strategies for the 21st Century. Burlington: Elsevier, Inc. President Obama, B. (2007). Agenda - Immigration. Retrieved November 11, 2013, from Change: http://change.gov/agenda/immigration_agenda/ Roeper, J. G. (2013, February 3). Senators Reach a Bipartisan Agreement for Comprehensive Immigration Reform. Retrieved from National Law Review: http://www.natlawreview.com/article/senators-reach-bipartisan-agreement-comprehensive-immigration-reform Read More