SHRM and CFGI Submit Comments on Immigration Issues

By Nancy Hammer Oct 21, 2016

SHRM and the Council for Global Immigration (CFGI) submitted comments last week on proposed rules governing unfair immigration-related employment practices and a proposal seeking to revise immigration rules for entrepreneurs.

Unfair Immigration-Related Employment Practices

In comments to the Department of Justice (DOJ) Civil Rights Division, SHRM and CFGI joined with other stakeholders to raise several concerns regarding the breadth and process changes proposed regarding unfair immigration-related employment practices. Specifically, the comments expressed concern about:

  • The Office of Special Counsel's investigative powers exceeding statutory authority;
  • The proposal to make "disparate treatment" without any discriminatory purpose or intent an actionable ground of discrimination; and
  • The expansion of time limits within which cases may be brought.

In addition, SHRM and CFGI submitted a separate comment letter challenging the DOJ's conclusion that the proposed rule is not a "significant regulatory action" that will have a major effect on the regulated community.

International Entrepreneurs

While SHRM and CFGI support U.S. Citizenship and Immigration Services' efforts to ease the immigration process for entrepreneurs, our comments made several recommendations for improvement, including:

  • Allowing for an initial one-year parole period for entrepreneurs to seek investments;
  • Adjusting investment thresholds to ensure that entrepreneurs have a reasonable avenue for parole; and
  • Adjusting the income level required for an individual to maintain parole.

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