Loren Locke gives advice to CIOs and tech leaders in TechTarget
Strategic considerations for CIOs
With the H-1B visa becoming increasingly expensive, CIOs must treat visa strategy as a core component of workforce planning. Key strategic considerations include:
Understanding the complexity of your current immigration situation
Knowing where to start and the help available to businesses is crucial as CIOs and tech leaders navigate changes to visa strategy. "It's a really great time to form and cultivate a relationship with a reliable lawyer partner who knows your company and who understands the immigration situation you've already got," said Loren Locke, attorney at Locke Immigration Law.
A business's existing immigration footprint will directly affect the options available, not just from a compliance perspective, but also from a cost perspective. "The most successful tech executives and HRs go to their trusted legal counsel first," said Caroline Tang, shareholder at Ogletree Deakins. "Navigating the U.S. government's websites can be confusing and time-consuming, and it's easy to miss the nuances that are critical to successful adjudication."
Balancing cost and compliance with the need for international talent
For CIOs navigating new visa rules, staying up to date with compliance regulations while maintaining access to top international talent is a top priority. Finding a balance between cost, compliance, and access to talent could look like:
Prioritize roles strategically. Prioritizing visas for mission-critical and hard-to-fill roles, and continuing to use remote working, ensures that limited visa budgets are used thoughtfully. "You can still have whatever worker you want if they're working in a jurisdiction where they're allowed to work," said Locke.
Stay up to date on compliance. Ultimately, the goal of any visa strategy is to make the process as seamless as possible for both employees and employers. By proactively managing paperwork and staying up-to-date on regulatory changes, businesses can simplify their immigration landscape and reduce risk. "From a compliance standpoint, just know what the rules of the road are. Keep documents, keep your records, make sure you're filling out the I-9," said Richard Herman, founder and principal at Herman Legal Group, LLC. "It shouldn't be like a paralyzing fear from an employer standpoint. It's making sure your ducks are in the row and everything is well documented, honest and truthful," he added.
Consider tools for immigration tracking and automation. Centralizing employee visa data, automating workflows and integrating immigration records with HR systems enables businesses to manage their global workforce more efficiently. This approach enables companies to track employees with diverse visa needs, monitor costs and maintain compliance with minimal manual effort.
Action plan: Next steps for CIOs
The change to H-1B visas will be a learning curve for current CIOs, HR teams and businesses across the country. Understanding where potential mistakes may happen and how to navigate these swiftly is key.
"Companies should partner closely with trusted legal counsel as early in the candidate review process as possible," said Tang. Working with trusted legal counsel to monitor U.S. immigration regulations and continuously update internal policies and processes will help CIOs to stay ahead, while still ensuring business continuity.
"One mistake that I'm already seeing is just a limited vision and a limited perspective," said Locke. She added that businesses will want to stick with the same approach they used in 2024, but it won't yield the same results. Proactively adapting to new immigration rules and partnering with legal counsel who can provide creative guidance will be essential as companies refine their visa strategies.
https://www.techtarget.com/searchcio/feature/A-CIO-primer-on-US-work-visas