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Immigration & nationality Section Chairs : YovaBorovska – BuchananIngersoll & Rooney & AshleyBroussard – BayLawFirm , PLLC
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In recent months , employment-based permanent residence (“ green card ”) categories have been plagued by significant backlogs , causing delays and frustrations for both employers and foreign workers . Advance immigration and workforce planning can mitigate the impact of potential talent gaps .
Overview of the Visa Bulletin and Quotas :
Each employment-based green card category is subject to an annual quota . The U . S . Department of State releases a monthly Visa Bulletin , which provides updates on availability for each green card category . Increased demand for employment-based immigrants , particularly in certain categories , has outpaced the limits established by Congress . This high demand , coupled with per-country limits , has contributed to significant backlogs .
Impact of the Visa Bulletin Backlogs :
These backlogs can significantly impact the recruitment and retention of foreign talent . Extended waiting periods may lead to gaps in employment-authorization , causing delays and disruptions in workforce planning . The delays also negatively impact workers who face anxiety , uncertainty and loss of personal and professional opportunities .
Because there is a per country limit , individuals born in certain countries are subject to severe delays . Individuals born in India and China , even those included in the “ first-preference ” categories reserved for top talent , face lengthy delays . For example , first-preference might include an extraordinary physician who has been deemed by U . S . Citizenship and Immigration Services to be “ one of a small percentage at the top of the field ,” a cancer researcher in the “ Outstanding Researchers ” category , a professor in the “ Outstanding Professors ” category , or a Chief Executive Officer of a major multinational company . Despite being included in the fastest employment-based category reserved for those with the highest level of skill , these individuals may have to wait for years before receiving a green card simply because of their country of birth .
Even individuals born in countries other than India and China are currently subject to extensive delays because of recent retrogressions under the second-and third-preference categories . An individual with an advanced degree recruited for a job that an employer has proven cannot be filled by U . S . workers may have to wait for years before receiving a green card , regardless of the country of birth . Those for whom the job offer requirement is waived because their work will be in the national interest are also included in this category . Even essential workers , such as Registered Nurses , whose occupation is currently in short supply nationwide , face a significant backlog before being able to immigrate .
Strategies for Mitigating the Impact of Backlogs :
U . S . employers who rely on recruiting foreign national workers for critical positions should engage in proactive workforce planning by identifying key roles , initiating the immigration process early , and exploring temporary visa categories to bridge any gaps in work authorization . Employers should partner with immigration counsel on navigating the backlogs , processing permanent residence applications as efficiently as possible , and exploring interim temporary visa options .
Conclusion :
By anticipating employmentbased immigration backlogs and proactively planning their staffing needs , employers can more effectively adapt their global workforce strategies in order to maintain a competitive edge in the talent market . n
Authors : YovaBorovska – Buchanan Ingersoll & RooneyPC & Ashley Broussard – BayLawFirm , PLLC
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