A long road remains ahead before Congress reaches an agreement on immigration
reform, but it’s almost certain that if final legislation is approved, it will require
employers to verify the identity and immigration status of each employee. If the
bill goes beyond enforcement, companies may benefit from higher ceilings on
employment-based visas and green cards.
Tension between these two dimensions permeates the debate. Conservative
Republicans, especially in the House, zero in on border protection. Moderates in
the GOP and most Democrats favor augmenting enforcement with guest worker
programs designed to help the country’s approximately 11 million undocumented
workers become citizens—a move conservatives pejoratively label "amnesty."
The House approved a bill in December that dealt exclusively with cracking
down on illegal immigration, in part by making illegal status a felony and
sanctioning a 700-mile fence along the U.S.-Mexico border. Senate efforts to produce a bill failed during the first week of April, clouding the prospects for congressional approval of immigration legislation this year.
Sen. Mel Martinez, R-Florida, asserts that a guest worker program is needed
to help his state’s agricultural, construction and hospitality industries fill
open positions. "A border-security-only bill would leave their workforce needs
unmet," he says.
Bills in both the House and Senate would require companies to verify the
identity of each of their employees and would impose hefty fines and criminal
penalties for hiring illegal immigrants. Included in the Senate Judiciary
Committee bill are provisions for 10,000 new work site enforcement agents (2,000
each year for the next five years) and 5,000 new fraud detection agents (1,000
each year for the next five years).
Such provisions indicate that the days of reviewing a résumé, interviewing
and hiring without investigating residency are nearing an end.
"The question is, when does the verification take place—during or after a
hire?" says Terrence DeFranco, CEO of Edentify, a provider of fraud detection
technology. Further, "It’s a very, very expensive proposition," he says.
Building an electronic employment verification system to screen 54 million
new hires annually as well as the rest of the 146 million U.S. workforce would
cost $11.7 billion, according to the Government Accountability Office.
Businesses would pick up most of that bill. And the larger the workforce, the
more a company will have to invest in the process. The cost per employee may
range from $10 to $50, according to Bonnie Gibson, managing director of
operations and cross-border employment law at Littler Global.
Immigration reform may make another proposition easier—finding enough skilled
workers for high-tech positions. The Senate was expected to pass a bill that
would increase the annual cap on H-1B visas for high-tech workers to 115,000
from 65,000.
It also would exempt workers with advanced degrees in science and math from
green card caps and make it easier for foreign students with high-tech majors to
stay in the country. It also would more than double the cap on employment-based
green cards, while exempting spouses and children from counting against the
limit.
With H-1B slots filling up, companies are pleading for more visas. When an
engineering firm recruits on a college campus, usually at least half its
interviews are with foreign-national students who need work visas to stay in the
country, says Rodney Malpert, director of immigration services for Littler
Global.
But increasing employment visa caps may fall by the wayside during what will
likely be a contentious House-Senate conference in the middle of a volatile
election year.
"This is a crucial time for companies to get involved in the debate," says
Gregory Wald, an attorney with Squire, Sanders & Dempsey. "On many levels,
companies should be pushing for comprehensive immigration reform as opposed to
enforcement only."
—Mark Schoeff Jr.