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2023
Immigration
Policy
Benchmark
Report

SUMMARY

HR teams know that if you're seeking an edge in recruiting and retaining top talent, your company's immigration program can be your biggest asset.
But knowing how your immigration policy stacks up against your peers has eluded even the most tenured HR professionals, who have had to rely on anecdotes - not facts - when developing their policies. We’re changing that.

We surveyed 500+ HR professionals who deal directly with their companies' immigration policies to find relevant benchmarks across various company sizes and industries. Our 2023 Immigration Policy Benchmark Report offers analysis and trend data to inform your immigration strategy more than ever before, empowering you to build a proactive, data-driven, strategic policy that is aligned with your long-term objectives.

TABLE OF CONTENTS

What You'll Learn
Sponsorship Timing
H-1B
L-1
F-1 OPT
Single Intent

Fees
Green Card
Dependent
Liquidated Damages
Consular & Premium Processing

WHAT YOU'LL LEARN

How does your immigration policy stack up?

Whether taking the first steps into setting up an immigration policy, or putting more structure around an existing program, learn how your policy stacks up against your competition.

When should you start the sponsorship process?

Timing is everything. Learn more about the typical timing and eligibility for the various Visa types and Green Card processes.

When should you cover sponsorship costs?


To pay or not to pay. When it comes to immigration sponsorship fees, who pays what often varies. Find out when employers often cover fees and when they don’t.

SPONSORSHIP TIMING

Use our interactive tool to filter & explore the results:



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H-1B FINDINGS

It's no secret that the H-1B is one of the most popular visa types. This is because, unlike other temporary work visas, the H-1B does not have strict eligibility requirements and restrictions. To give you some context, employers submitted a whopping 483,927 H-1B cap registrations this year, an approximate 57% increase over the FY 2022 filing season.

However, there are limitations. The H-1B has a maximum term limit of 6 years, after which they're no longer eligible to work in the U.S., which can affect how companies hire H-1B candidates. An H-1B visa can only be extended beyond 6 years if the employee has an approved I-140, but it can take up to 2 years to get an I-140 approval.

Does your company hire candidates on H-1B visas?
Are H-1B employees eligible for Green Card sponsorship?
Do you require that the H-1B candidate has a minimum amount of time remaining in their overall 6-year maximum for them to be eligible for hire?
When are employees eligible to start with your company after an H-1B transfer has been filed?

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How many months must be remaining in their H-1B status (time before max out)?

How many months after the employee's start date are they eligible for initiation of a Green Card process?

How many months before an employee's status expiration do you initiate an extension?

H-1B FINDINGS CONTINUED

About 80% of companies in Telecommunications; Technology, Internet & Electronics; Manufacturing; Finance & Financial Services sponsor H-1Bs. Similarly, about 70% of companies in Advertising & Marketing; Construction, Machinery, & Homes; Health Care & Pharmaceuticals; Retail & Consumer Durables sponsor H-1Bs.

Of those companies, the majority require 6-9 months to be remaining in their overall 6-year maximum for them to be eligible for hire.

Comparably, 90% of the companies we surveyed will sponsor a Green Card for their H-1B employees after 6-9 months of employment.

L-1 FINDINGS

Every year, thousands of people enter the U.S. to work for a branch, parent, subsidiary, or affiliate of a multinational company through the L-1 visa. It is one of the most useful non-immigrant visas available to employees of foreign companies, especially since residents of all countries are eligible, provided they can meet the specific qualifications for the visa.

Forty-five percent of the companies we surveyed sponsor L-1 Visas. And of those companies, 62% will sponsor employees for the H-1B lottery and 72% will sponsor an employee for a Green Card. See how your company compares.

Does your company sponsor L-1 visas?
Are L-1 employees eligible for Green Card sponsorship?
Are L-1 employees eligible for H-1B lottery sponsorship?
How many months after the L-1 employee's start date are they eligible for H-1B lottery sponsorship?

How many months after the L-1 employee's start date are they eligible for initiation of a Green Card process?

F-1 OPT FINDINGS

F-1 OPT is a popular program that allows temporary employment directly related to an F-1 student's major area of study. F-1 visa students can apply to receive up to 12 months of total OPT employment authorization. Students who have earned a degree in a STEM-designated field may be eligible for an additional 24 months under the OPT STEM Extension.
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In 2022, the Department of Homeland Security (DHS) announced 22 new fields of study added to the STEM OPT program to enhance the contributions of nonimmigrant students studying in STEM fields.
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However, despite the U.S.’s OPT program expanding this year to allow more international students to remain in the country for three years after graduation, 65% of the companies we surveyed don't sponsor F-1 OPT visas. But of those companies that do, 64% typically require at least 6 months to be remaining in their F-1 status to be eligible for hire.

Does your company sponsor F-1 OPT visas?
Do you require that the F-1 OPT candidate has a minimum time period remaining for them to be eligible for hire?
How many months must be remaining in their F-1 status (time before max out)?

SINGLE INTENT VISAS

Many work visas, such as the TN, E-2, E-3, and O-1, are "Single Intent" visas. Single intent visas have "non-immigrant intent", meaning the holder's intention is to use the visa only for the specified purpose (such as tourism, business, or study) and to leave again afterward. However, single intent visa holders are allowed to apply for both H-1B sponsorship and Green Card sponsorship through their employers.

Of the companies we surveyed, the majority (57%) don't sponsor single intent visas, however, of the 43% of companies that do, 65% sponsor employees for the H-1B lottery, and 73% sponsor employees for Green Cards.

Does your company sponsor single intent visas that can be renewed indefinitely?
Are single intent visa employees eligible for Green Card sponsorship?
Are single intent visa employees eligible for H-1B lottery sponsorship?
Do you limit which jobs you are willing to sponsor for a non-immigrant visa?
How many months after the single intent visa employee's start date are they eligible for H-1B lottery sponsorship?

How many months after the single intent visa employee's start date are they eligible for initiation of a Green Card process?

FEES

Use our interactive tool to filter & explore the results:



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GREEN CARD

Who is required to pay for fees associated with an employment-based Green Card? Are employers required to pay for everything or can the employee pay in some instances?
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For PERM-based Green Cards, the employer is required to cover the cost of the PERM but either the employer or employee can cover the cost of the I-140 and I-485 processes.
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After filing Form I-485, maintaining non-immigrant status is no longer required but can be advantageous for the employee in the case that they are denied.

For PERM-based Green Cards, the employer is required to cover the cost of the PERM but either the employer or employee can cover the cost of the I-140 and I-485 processes. What portion of I-140 costs do you cover?
What portion of I-485 costs do you cover?
Does your company support the maintenance of the employee's underlying nonimmigrant visa once an I-485 is pending?

DEPENDENTS

While some visa and green card fees for employees are required to be paid by employers, dependent costs are not.

Of the companies we surveyed, we found that only 24% covered all green card costs, and 20% covered all visa costs for dependents.

Do you cover Green Card processing costs for the employee's dependent family members?
Do you cover non-immigrant visa costs for the employee's dependent family members?

CONSULAR & PREMIUM PROCESSING

Consular processing is the application process for a U.S. green card when applying from outside of the U.S. Sometimes candidates will have to travel for certain aspects of consular processing and companies have the option to cover these costs.

Similarly, 15-day premium processing fees for H-1B candidates are the only H-1B-related fee that may be paid by the employee or the employer. However, if premium processing is requested for the benefit of the employer, the employer must pay this expense. If the employee is the party requesting premium processing for his or her own benefit, then the employee may pay for premium processing.

Will you cover travel expenses related to consular processing of visa applications?
What portion of consular processing costs do you cover when an employee goes abroad to obtain a visa stamp?
If an application is filed with USCIS' Premium Processing option, who covers the cost?

LIQUIDATED DAMAGES

A liquidated damages clause allows employers to recoup immigration fees when an employee leaves your company within a specific time period. Liquidated damages clauses typically apply upon the employee's voluntary early termination before a certain tenure threshold. For example, if an employee voluntarily leaves a company before 12 months of employment they may have to pay liquidated damages. Additionally, the amount of damages that employers seek to recover can vary greatly, with most of the companies we surveyed who have such clauses seeking to recover 50-100% of damages. 

Do you have a liquidated damages clause that allows you to recoup immigration fees when an employee leaves your company within a specific time period?
Who is responsible for immigration costs at your company?
Percent of damages recovered

Tenure of liquidated damages clause

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