Updated: Jul 8
Having an immigration policy helps you to set right expectations and for your foreign national employees to know what to expect during their immigration journey with your company. Here's a sample of immigration policy that you can use and build on -
Fictitious Employer - Acme, Inc.
Fictitious Immigration Management Firm - ImmiTec
Acme, Inc. Immigration Policy
Employee: Foreign National Employee OR Non-US Citizen
Supervisor: XYZ manager, who the employee reports to directly
Point of Contact: HR Manager or Supervisor who signs the legal documents
We understand that the immigration process can seem daunting and is very personal to you as a foreign national. At Acme, your immigration case is very important to us and we work hard to provide each employee high level of support and information that you need to navigate the processes.
Acme has partnered with ImmiTec Immigration to support its foreign national employees. ImmiTec Immigration provides Acme and its employees legal and paralegal support through the pre-filing, filing and post-filing processes of a visa petition.
ImmiTec ensures we stay abreast of all immigration matters related to you, including document and visa expirations, policy changes etc. ImmiTec’s team is available to answer your immigration questions Monday through Friday 7AM through 7PM. You can reach them via email to set up a call or get an email reply. The return time on every email ticket is under 24 hours.
Upon joining Acme you will be introduced to the ImmiTec team and they will help you navigate the immigration onboarding process through their portal. You are responsible for ensuring your profile with ImmiTech is completely up to date including any address changes for them to verify your immigration history and support you.
ACME SUPPORTS FOLLOWING VISA TYPES
B-1 - business travel visa
TN (citizens of Canada and Mexico)
H-1B (New, Transfers, Renewals)
H-1B1 (citizen of Singapore and Chile)
E-2 / E-3 (managers and executives)
L-1A / L-1B (managers, executives and technical experts)
Acme’s HR team will work with ImmiTec to decide which visa type best works for the business need and your background.
Acme might require its employees (outside the U.S.) to travel to the U.S. for business purposes. Acem will reimburse the visa, travel and stay expenses to the employee within 30 days of receipt of the expense report.
Employees who are citizens of Canada and Mexico can apply for the TN visa themselves without needing company sponsorship or an immigration attorney. ImmiTec’s team is ready to support you if you have any questions as you go through the process. Acme will bear all the expenses of the visa application for the employee and their dependents.
H-1B & H-1B1 VISAS
Acme supports new, renewal and transfer visas for its existing and new employees. All visa expenses for the employees and their dependents are covered by Acme.
Based on the company's need and employee visa and citizenship status the company will enter applicable employees into the H-1B (work visa) lottery annually. This time period for lottery registration is March every year. The company will incur 100% of the costs for the lottery, petitions and any potential RFE.
Employees who are citizens of Chile and Singapore are not required to go through the H-1B lottery and can apply for a work visa anytime during the year.
NOTE - Foreign national employees already in the U.S. are only allowed to file H-1B using “Change of Status” request so that their immigration status can be changed in the U.S. If you have a special case that you’d like us to consider, please reach out to your HR manager. If the employee decides on consular stamping, the cost for the travel will be incurred by the employee. Additional consular appointment and fees will also be the responsibility of the employee.
F-1 (OPT/CPT) VISA
Acme supports international students through internships (CPT) and full-time positions on OPT. The company will sponsor H-1B for any full-time employee on F-1 visa. All expenses related to employee’s and their dependents visa will be paid by Acme.
L & E VISAS
Based on company needs, we may ask employees located in our non-U.S. offices to transfer to the U.S. on L or E visas. The company will incur 100% of the filing, application and consular fees for the employee. All eligible dependents’ expenses for filing relevant visas are also paid by Acme.
Upon receiving an approved visa, the company and employee will determine the applicable travel dates. The company will incur 100% of the economy air travel costs for the employee, their spouse and children. The company will also reimburse reasonable housing costs for the first 30 calendar days.
When the visa expires the company may choose to apply for an alternative visa or green card. In the case the employee can no longer work in the US or is no longer needed in the US, the company will incur 100% of the economy air travel costs for the employee, employee’s spouse and children to return to India.
Acme starts the Green Card process for an employee after 15 months of continuous and satisfactory full-time employment. Green Card sponsorship is based on company need and the employee’s visa status. Once a determination is made for the company to move forward with the Green Card process, a meeting will be set up with the employee, their supervisor, HR and WayLit to review the process. Our standard practice is to cover the 100% of the costs associated with the I-140 and 50% of the costs for the I-485. Acme will cover costs for all eligible dependents until the I-140 milestone. Once the Green Card is approved it is expected for the employee to continue employment with Acme for a minimum of 1 year post approval. In the case of a voluntary separation made by the employee Acme may require the entire costs for the filing of the 1-140 and I-485 milestones to be paid by the employee.
TRAVEL & VISA STAMPING
All travel outside the U.S. must be approved prior to booking the trip by the employee’s supervisor and HR. If you are traveling and will be appearing for a visa interview, ImmiTec will work with you to provide the relevant documents and other interview preparation material.
PROMOTIONS / SALARY CHANGES / TITLE CHANGES
Many of the visas are very specific to industry standard titles and salaries, and any change in your job, title or salary has immigration implications. Therefore, before any changes can be made to a foreign national employee’s title or salary it must be approved by HR and ImmiTec. It is the responsibility of the employee’s supervisor and the employee to inform HR about possible changes.