🛂 Immigration Readiness Checklist

Stay compliant, reduce stress, and support your foreign national employees with confidence.

 

Whether you're hiring your first foreign national employee or managing a handful of visa holders, immigration can feel overwhelming. This checklist breaks it down into manageable parts—so you know what to track, when to act, and how to support your employees through it all.

 

✅ 1. Know Your Foreign National Population

 

You can’t manage what you can’t see. Start by getting clear on who in your company is on a visa or in the green card process.

• Do you have an updated list of all employees on work visas or green cards in progress?
  This should include their visa type, work authorization dates, and any dependents who may be impacted by upcoming filings or expirations.

• Do you know which visa type each employee is on (e.g., H-1B, L-1, F-1 OPT)?
  Each visa has different rules, timelines, and compliance obligations. Knowing who’s on what status is the first step in managing risk and staying compliant.

• Do you know the next immigration milestone for each employee?
  Whether it’s an H-1B renewal, a green card PERM filing, or an OPT expiration, having visibility into the next stepensures you can plan ahead—before it becomes urgent.

 

⏰ 2. Stay Ahead of Deadlines

 

Immigration timelines don’t wait for anyone—and missing a date can jeopardize someone’s ability to work or remain in the U.S.

• Are all visa expiration dates centrally tracked?
  A shared spreadsheet or calendar system works great when you're just starting out. Don’t leave this in someone’s inbox.

• Are max-out dates (especially for H-1B holders) being proactively monitored?
  H-1B employees are limited to 6 years in total. If you're planning a green card process, you'll want to start long before that clock runs out.

• Are I-94 expiration dates recorded and reviewed regularly?
  The I-94 determines how long someone is authorized to stay in the U.S.—and it often expires before the visa stamp. It’s the hidden deadline that trips up a lot of first-time HR teams.

• Do you have a system to notify stakeholders 6–12 months ahead of key dates?
  Early heads-ups allow time to prep legal filings, update I-9s, and reassure employees. Even a basic Google Calendar reminder can be a lifesaver.

 

🌍 3. Mitigate International Travel Risk

 

International travel is stressful enough. Add immigration to the mix, and small mistakes can lead to denied entry or unexpected detainment.

• Do you know which employees are at risk if they travel internationally?
  Employees with expired visa stamps, pending extensions, or complex immigration histories may face issues returning to the U.S.

• Are you reviewing visa stamping or re-entry risks in advance of travel?
  Just because someone has a valid I-797 doesn’t mean they can re-enter the U.S. freely. It's always worth doing a quick check before they book that flight.

• Do employees have a clear point of contact for travel-related immigration questions?
  Whether it’s you, a legal partner, or a designated HR contact—employees need to know who to reach out to before getting on a plane.

 

💬 4. Support the Employee Experience

 

Immigration isn’t just paperwork—it’s personal. Foreign national employees are juggling uncertainty, legal complexity, and the pressure to keep performing at work.

• Do you clearly communicate what to expect at each immigration stage?
  Even a simple email with next steps, timelines, and FAQs can go a long way toward reducing anxiety.

• Are foreign national employees regularly updated and reassured throughout the process?
  Silence can be scary. A quick check-in—even if there’s no update—helps build trust.

• Are hiring managers and department heads aware of visa constraints or timing impacts?
  Sometimes start dates, location changes, or promotions can trigger immigration consequences. Make sure internal stakeholders are looped in early.

 

🧾 5. Ensure Compliance

 

Beyond being supportive, you also need to stay on the right side of the law. Immigration compliance isn’t optional—and small mistakes can add up to serious risks.

• Are job titles, locations, and salaries aligned with immigration filings?
  For H-1B employees, even minor changes can require an amended petition. Make sure your records match what’s on file with USCIS.

• Are Public Access Files maintained for all H-1B employees?
  These files are required by law and must be available for DOL audits. If you’re not sure what’s required, now’s the time to find out.

• Is your immigration counsel notified about job changes, salary adjustments, or relocations?
  Keep your legal partner in the loop—before you make changes that could impact someone’s work authorization.

 

Ready to Take the Next Step?

 

Whether you're running this manually or looking to level up your system, the most important thing is to stay proactive. Your foreign national employees are counting on you—and with the right structure, you can support them with clarity and confidence.

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👉 Download Checklist & Other Useful Tools
👉 Immigration 101 for Startup or Lean HR Teams

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