New Hampshire businesses know they have to fight a pitched battle to recruit top-notch talent, head off potential labor shortages, and retain their most coveted and experienced employees to maintain their competitive edge. A leading Granite State law firm offers their expertise on important insights to aid your boardroom discussion.
Jim Armillay, attorney, commercial litigation and employment, Shaheen & Gordon
Q: What role do employment policies play in assisting companies with the retention and attraction of talent?
A: Formalizing policies around specific trends in the labor market — like remote work, flex work scheduling, unlimited PTO, etc. — is an effective way for companies to act competitively to retain and attract talent. There are two principles that employers should keep in mind about how to develop attractive employment policies.
First, we are still in a competitive labor market both nationally and in New Hampshire, and prospective employees are looking beyond wages to compare employers.
Secondly, we are also seeing a generational shift where the laboring oar of the workforce is now composed of new generations of workers with different values and priorities.
Tailoring employment policies to be cognizant of these trends can give a company a competitive edge over others when it comes to getting and keeping key talent.
Q: How can law firms help companies in developing policies to attract talent?
A: We are seeing employers get creative about nontraditional policies to help compete for talent. Benefits like full-remote or hybrid work schedules, sabbaticals, flexible scheduling, and subsidized or employer-provided child care are more common.
However, employers need to make sure that, in developing and executing these policies, they are acting consistently with any legal obligations they may have under state or federal law. Depending on the industry or job function, there may also be additional legal or ethical considerations imposed by professional or licensing boards, or state or federal agencies that should be considered.
Ron Abramson, chair, immigration law group, Shaheen & Gordon
Q: When should a company consider employment-based immigration, and what sorts of employment-based visas are available to New Hampshire businesses?
A: In a state with chronically low unemployment rates, hiring international workers can be a viable approach to address labor shortages. Whether your business has seasonal needs or requires highly skilled workers, there may be visas which can help you staff up. The main types of visas available to New Hampshire businesses are:
H-2A, temporary agricultural workers; H-2B, temporary nonagricultural workers; J-1, exchange visitor with numerous subcategories; H-1B, specialty occupation for high-skilled workers (bachelor’s degree or equivalent minimum requirement); L-1, intracompany transferee (requires a foreign entity from which intending employee would come); O-1, outstanding individuals in the sciences, education, business, athletics, the arts, motion pictures, and television (very high standard). There may be other visas available to certain potential employees.
Q: Can an employer sponsor someone for a green card?
A: Yes, through a permanent labor certification process, known informally as PERM.
This requires identifying the job candidate (who may be a current employee), defining the position, determining the “prevailing wage,” recruiting for 60 days, and filing the required petitions and other paperwork with the U.S. Department of Labor and U.S. Citizenship and Immigration Services.
There are multiple employment-based immigration tiers, including “priority workers,” “members of the professions holding advanced degrees or persons of exceptional ability,” “skilled workers, professionals, and other workers,” as well as visas for certain “employment creation.”
Q: Who pays for employment-based immigration fees, and how long does the process take?
A: Employers are primarily responsible for attorneys’ fees, filing fees, and other costs associated with employment-based immigration petitions and visa applications. In narrow circumstances, the employee/beneficiary may pay legal and filing fees. The timeline for the immigration process has become a tricky issue over the last five-plus years. Depending on the sort of visa the employer seeks, the process could take as little as three months and — in the most extreme cases — as long as 11 years.
U.S. immigration law is a highly technical, rapidly changing field. All potential employers and employees interested in visas or employment-based permanent residence should consult with an experienced immigration lawyer to help them navigate a labyrinthine system.
