San Francisco, CA immigration attorney Michelle Malison talks about what an effective immigration policy or guideline includes. She explains that we have assisted numerous employers in developing their immigration policies and have templates available to guide them through key decision points. These decision points may include addressing the types of non-immigrant visas the employer is willing to sponsor, whether the employer is an E-Verify company and open to sponsoring STEM OPT extensions for F-1 students completing their degrees. The policy should clarify the employer’s stance on sponsoring the permanent residence process (Green Card) and specify when such sponsorship will occur.

The policy should also cover international travel, particularly for employees who require a visa stamp to reenter the U.S. It should outline whether the employer or the employee will bear the associated costs. Additionally, the policy should address immigration costs related to dependents of foreign national employees, clarifying who will cover those expenses. The responsibility for premium processing fees should also be specified.

Furthermore, an immigration policy may include a clawback provision. For instance, if the employer sponsors a foreign national employee for permanent residence and the employee leaves the company within a certain period, the employee may be required to reimburse the employer for associated fees. Lastly, the policy should outline the procedures and implications when employment is terminated, safeguarding the employer by establishing a transparent process for all foreign national employees, rather than targeting individual employees on a personal basis.