
Country / Territory
Related contacts
Related contacts
Related contacts
As set out by the Council for Global Immigration (a strategic affiliate of the Society for Human Resource Management), currently employers sponsoring foreign employees for nonimmigrant or immigrant visas are required to submit a comprehensive description of the company’s business, organizational structure, finances and recurring job classifications with nearly every individual immigration petition and application the company files, even in cases where the employer may file dozens if not hundreds of similar petitions and applications each year. Similarly, government adjudicators must read and assess the validity of such documentation in every individual case. Under a Trusted Employer program, USCIS would pre-qualify those U.S. employers that have a demonstrated record of compliance with federal immigration laws and regulations. Trusted Employer status would not guarantee approval of any particular petition or application filed on behalf of a prospective employee, but it would streamline processing by allowing government adjudicators to focus on the merits of each case, rather than wasting time re-inventing the wheel by confirming the bona fides of the petitioning employer in each and every case. Streamlining adjudications in this way would also allow the government to focus precious resources on other priorities including backlog reduction and fraud prevention.
There is ample precedent for such a program. For example, the Department of Homeland Security already operates Trusted Traveler and Trusted Shipper programs. The agency’s Trusted Traveler programs, including Global Entry, NEXUS and SENTRI, provide an expedited lane for certain frequent, low-risk travelers at airports and at certain land and sea ports of entry, making the screening process more efficient for everyone. The Trusted Shipper program provides expedited processing at ports for commercial importers that meet certain eligibility requirements and have completed background checks. DHS also operates TSA Pre-Check, which allows certain frequent flyers to receive expedited screening at U.S. airports.
Moreover, Trusted Employer provisions have been introduced in Congress by both Republicans and Democrats several times over the past several years as part of various immigration reform bills, so the concept clearly has bipartisan support. Most recently, the SKILLS Visa Act (H.R. 2131), introduced in May 2013 by Rep. Darrell E. Issa (R-CA), includes a provision directing the establishment of a streamlined pre-certification procedure for employers that file multiple petitions for specified categories of immigrant and nonimmigrant workers. Other countries, including the United Kingdom and Australia, already operate employer registration programs that provide priority case processing for trusted employers. These programs work, and would provide both government and employers with greater certainty, efficiency, and flexibility in the processing of employment-based petitions on behalf of foreign workers.
A predictable and transparent Trusted Employer system would ultimately benefit everyone by yielding more resources for case processing and priority initiatives. As the government takes steps to transition forms and case processing to online electronic formats, it makes sense to implement a Trusted Employer program that would modernize immigration adjudications and put America on par with our global economic competitors.
Country / Territory
Related contacts
Related contacts
Related contacts
Explore more at Fragomen
Fragomen news
Fragomen and SICPA announced the formation of a global joint venture to advance next-generation digital identity solutions for governments, enterprises and individuals.
Blog post
Senior Associate Kyle Sommer and Adam Schwartz, Director in the Global Mobility practice at Andersen, discuss how immigration and tax considerations intersect across common US immigration classifications and why early coordination can help travelers, employers and advisors reduce compliance risks and make more informed mobility decisions.
Podcast
In this episode of The Immigration Conversation, Senior Associates Sarah Melnick and Kimberly Elmazi discuss key considerations for foreign nationals planning international summer travel, including visa appointment planning, document preparation, consular interviews, port-of-entry procedures and I-94 review.
Podcast
UK Government Affairs Strategy Director Shuyeb Muquit is joined by Jonathan Thomas of the Social Market Foundation, Dr. Ben Brindle of the Migration Observatory, University of Oxford and Steve McCauley of the University of Cambridge to discuss what a new UK Prime Minister could mean for immigration policy, employers and workforce mobility.
Media mentions
Partner Rick Lamanna said Canada’s expanded citizenship rules could make hundreds of thousands if not millions of people eligible while moving against a global trend of tighter citizenship laws.
Media mentions
Senior Counsel Dr. Anna Boucher shares insights on the factors influencing Australia's migration trends.
Video
In this Mobility Minute, Senior Immigration Analyst Nicole Dobromirova discusses updates to the UK visitor visa process, including the shift from visa stickers to electronic visas and how travellers can access their digital immigration status.
Media mentions
Partner Daniel Pierce discussed the implications of the US Supreme Court's latest Temporary Protected Status ruling.
Blog post
In this blog, Senior Counsel Jo Antoon explores what multinational employers need to know about pay transparency, cross-border workers and mobility-related compensation differences as implementation unfolds across the EU.
Media mentions
Immigration Supervisor Sanjay Parmar discussed how recent UK Basic Compliance Assessment changes are driving universities toward more data-led, proactive compliance management.
Blog post
In this blog, Fragomen’s Nadine Barnole, Jonathan Hill, Anastasia Vasiljeva and Nicole Williams examine how higher Skilled Worker salary thresholds, rising sponsorship costs and proposed Graduate Route changes are making it harder for employers to attract and retain international engineering talent.
Fragomen news
Fragomen and SICPA announced the formation of a global joint venture to advance next-generation digital identity solutions for governments, enterprises and individuals.
Blog post
Senior Associate Kyle Sommer and Adam Schwartz, Director in the Global Mobility practice at Andersen, discuss how immigration and tax considerations intersect across common US immigration classifications and why early coordination can help travelers, employers and advisors reduce compliance risks and make more informed mobility decisions.
Podcast
In this episode of The Immigration Conversation, Senior Associates Sarah Melnick and Kimberly Elmazi discuss key considerations for foreign nationals planning international summer travel, including visa appointment planning, document preparation, consular interviews, port-of-entry procedures and I-94 review.
Podcast
UK Government Affairs Strategy Director Shuyeb Muquit is joined by Jonathan Thomas of the Social Market Foundation, Dr. Ben Brindle of the Migration Observatory, University of Oxford and Steve McCauley of the University of Cambridge to discuss what a new UK Prime Minister could mean for immigration policy, employers and workforce mobility.
Media mentions
Partner Rick Lamanna said Canada’s expanded citizenship rules could make hundreds of thousands if not millions of people eligible while moving against a global trend of tighter citizenship laws.
Media mentions
Senior Counsel Dr. Anna Boucher shares insights on the factors influencing Australia's migration trends.
Video
In this Mobility Minute, Senior Immigration Analyst Nicole Dobromirova discusses updates to the UK visitor visa process, including the shift from visa stickers to electronic visas and how travellers can access their digital immigration status.
Media mentions
Partner Daniel Pierce discussed the implications of the US Supreme Court's latest Temporary Protected Status ruling.
Blog post
In this blog, Senior Counsel Jo Antoon explores what multinational employers need to know about pay transparency, cross-border workers and mobility-related compensation differences as implementation unfolds across the EU.
Media mentions
Immigration Supervisor Sanjay Parmar discussed how recent UK Basic Compliance Assessment changes are driving universities toward more data-led, proactive compliance management.
Blog post
In this blog, Fragomen’s Nadine Barnole, Jonathan Hill, Anastasia Vasiljeva and Nicole Williams examine how higher Skilled Worker salary thresholds, rising sponsorship costs and proposed Graduate Route changes are making it harder for employers to attract and retain international engineering talent.


