Monica Lukoschek: The Immigration Mess!

November 23, 2018

The Immigration Mess  ie: Immigration 10.142! Turning away great people due to immigration issues is just tragic.  

Today’s Quote:

“The U.S. immigration laws are bad - really, really bad. I'd say treatment of immigrants is one of the greatest injustices done in our government's name.” - Bill Gates

Show highlights:

  • The current immigration landscape
  • Changes in policy for 2019
  • Creative steps to navigate today’s immigration laws

Quick breakdown on the different types of Visa:

  • Hirable visa categories

    • E1, E2, - investor visa
    • F 1 Visa- Student visa practical training
    • H1B – Specialty Occupation (Cap vs. non-cap)  65,000, plus 20,000 for US masters/PhD last year 190,000 petitions filed.  Highest in 2017 236,000 filed (historical: annual cap to 115,000 for Fiscal Year 1999; 115,000 in Fiscal Year 2000; and 107,500 in Fiscal Year 2001. The cap would return to 65,000 starting with Fiscal Year 2002.
    • J-1 Visa- exchange visitor can work, receive training, study or do research
    • L-1A/B- Intracompany Transferee (manager, executive, specialized knowledge)
    • O-1 Extraordinary Ability in the arts, science or business.
    • TN Visa- NAFTA
    • R-1 Religious Worker

Immigration policy

April 18, 2017 Executive Order Buy American, Hire American – seeks to create higher wages and employment rates for U.S. workers and protect their economic interests

Allows for rule-making, policy memos and operational changes.  Ensure H-1B visas go to only the highest skilled and highest paid.

  • The H1 B Visa Changes
  • Focus on wages is a Level I wage a specialty occupation?
  • Challenging if a degree is necessary for the job… specific degree required?  Can you prove alternative eligibility requirements?
  • Computer Programmer Analyst – March 30, 2017 Rescinded 2000 memo.  Now stating that Bachelor’s not required for job. What other computer-related occupations could this extend to?
  • Third party worksite/direct employer/employee relationship.  i.e., even accountants at an accounting firm. February 22, 2018 policy memo supersedes prior memo
  • Rescission of guidance allowing USCIS to defer to prior
  • *Change in the information required for approval
  • Policy changing almost daily and hurts smaller companies most

Just last week, the DHS and the DOL proposed new regulations:

  • Electronic Registration for Cap subject petitioners by next April.  Initially Proposed in 2011

    • Only open two weeks?
    • Multiple registrations?
  • Elimination of work permits for spouses of H-1B workers waiting more than 6 years for green card (taking more than 10 years for certain countries)
  • Hiring challenge- Foreign workers need H-1Bs
    Missing out on A-players

What we need to do to navigate this mine field:

  • Consult your attorney before investing too much time

    • What to ask? What to look for?
    • Does the position require a degree and does the applicant have the specific degree?
    • Will the employer be required to seek a work visa?  H-1B employers required to pay for attorney’s fees and filing fees.  Can employer wait until October 1 (or beyond) for the employee to begin working?
    • If transferring from a previous H-1B – how many years on H-1B, do they have an approved immigrant petition (could extend time beyond 6 years).  Premium Processing suspended until at least February. Will employee risk transfer?
    • Will the employment be “off-site”?  Must show proof of right to control the employee and cannot “bench”  Can you provide SOWs, itinerary, etc. See itinerary requirements.
  • Creative solutions to still be able to hire the person your company needs!
    • Is the applicant from Chile, Singapore, Northern Mariana Islands, Canada, Mexico, Australia?  May be other alternatives.
    • Is spouse on a visa category which extends work authorization to employee? (E-3, L-1, etc.)
    • STEM OPT extension to 36 months.
    • 3rd party firms as a protective layer?
    • Offshore options - Canada or Mexico?
    • Work remote

As a founding partner at U.S. Immigration Law Group, LLP, Monica Lukoschek’s practice focuses on employment-based immigration law, assisting businesses in hiring and retaining foreign personnel and managing their immigration compliance programs, assisting entrepreneurs and investors in the United States, and providing advice to employers and employees with all aspects of immigration law compliance.

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Erin Wilson: The Power of Feedback in Your interview Process Stops Ghosting and Glass Door Fears

August 9, 2018

Don't underestimate the power of giving and receiving feedback in the interview process. Feedback helps your company improve your hiring process and it provides a positive “candidate experience” for the interviewee!

Today's Quote:

“Feedback is the breakfast of champions.” Ken Blanchard (one minute manager books)

Show highlights:

    • The Whys’ of interview feedback
    • Giving & receiving feedback
    • Provide the tools to create feedback channels into your Interview process

You must first have an interview process:

  • Feedback is process improvement
  • Candidate Experience
  • Time management &
  • Candidate Attraction

Feedback Challenges:

  • Don't have it - Go get it!
  • Have it but not sure how to deliver it
  • Companies not required to provide feedback
  • Legality of feedback - fear of litigation
    • Fear of Discrimination lawsuit
  • Not everyone can accept feedback - low EQ
  • CASE STUDY: 70% of  companies do not provide unselected job applicants with any feedback
  • Make feedback a constant throughout the process- give & receive
    • Is there any reason why you would not hire me
    • Is there any reason why you would not accept an offer with our company

*Mystery creates distrust

What you can and cannot give as feedback:

  • Skills
  • Problem solving abilities
  • Interview Preparation
  • Alignment with Cultural/Values
  • Evidence based feedback
  • Discriminatory in nature
  • Your too Old
  • Never give a woman feedback that she is not assertive enough
  • Body odor

Aaron’s process for giving & receiving feedback:

  • Balanced
  • Build in feedback time (10 minutes after the interview has ended)
  • Feedback based on competency - bullet points, not short stories

Rick’s process for giving & receiving feedback:

  • Feedback starts at the first contact  (gauge ability to give/receive feedback)

    • discuss concerns & fit between career & company goals
  • Ask Questions:
    • What are your thoughts?
    • How do you feel about that?
    • Why is that important?
  • Assign a facilitator of Feedback
    • Ie: recruiter or admin
  • Provide something constructive
  • Give & Get feedback in Real Time -interview wrap up

How to professionally release a person from the process:

  • Call Them!
  • A 5-10 minute phone call to ensure a positive image of your company.
  • Be specific. Facts without any value judgment.
  • Help people to learn. Focus on improvement & help them to find the right fit
  • Be empathetic.

The candidate experience: Integrity & Transparency in the hiring process creates less likelihood of a lawsuit, especially when you leave the door open.

Erin Wilson is the Co-Founder & Talent Engineer of Hirepool, Inc. He has personally interviewed more than 10,000 job seekers. Erin has helped build a company that exited for $640M, and just released a consumer Interview preparation software product (Hirepool.io) being used by job seekers around the world.  

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Brenda Diederichs: Public Sector Versus Private Sector - What’s the Sexier Career Option? Startups, Pay Attention!

July 5, 2018

Public sector VS private sector!  We put on the gloves in an epic showdown of today's episode, to settle the differences and find out the better career option. Let's see who will come out victorious!

The 3 rounds for the undisputed championship:

  • Round 1: Brenda - bashes up the logic behind joining a startup
  • Round 2: Rick - negatives of the public sector
  • Round 3: Each counter the punches from their opponent

Round 1: Why do you think it is silly to work for a startup?

  • No career security
  • Lack of stability

Round 2: Cons of working for the public sector (federal, state, county, city)

  • Slow moving
  • Not entrepreneurial, Doesn’t attract the strongest people
  • Clamored with politics and red tape
  • Ability to innovate severely limited
  • Mediocre Pay / No Stock Options
  • Not sexy… at all (unless you are an officer or firefighter)

Round 3: Counter Punches! Closing argument Evidence 

  • Pace
  • Innovation
  • Career Growth
  • Challenging
  • Compensation & Benefits
  • Attractiveness- to attract talented people
  • Engagement- the perception of each worker 
  • Brenda’s Knock out Punch! *Interview Process -  You probably do NOT have an effective process! 

Brenda Diederichs has been serving as the Chief Human Resources Officer for the County of Orange since June 2016. Brenda began her HR career at San Bernardino County, while earning her BA in Political Science, from California State Polytechnic University Pomona. She next worked for the Southern California Rapid Transit District for 10 years in both HR and Labor Relations. While there she earned a law degree from Loyola Law School.

Brenda went on to practice labor and employment law providing and serve as the labor and employment law department chair for two major public law firms for 10 years, before returning to public service as the Executive Officer for Labor and Employment, Human Resources and Training for the Los Angeles County Metropolitan Transportation Authority. She opened her own law firm in 2007, which she operated until returning to public service in 2014 as the Human Resources Director for the City of Riverside. 

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Nicole Arvizu: Human Resources VS. Recruiting. Who Will Come Out Victorious

June 15, 2018

We are putting on the gloves in an epic showdown today. Answering the age-old question of Why we can't just get along. 

3 rounds for the undisputed Podcast championship:

  • Round 1: What Human Resources dislikes about Talent Acquisition
  • Round 2: Recruiting issues with HR
  • Round 3: Solutions to get the two working together 

Round 1: Issues that HR has with Recruiting

  • Fixing problems or adding to the problem
  • Spray & Pray
  • Transactional
  • Low hanging fruit
  • Clear expectations of what is acceptable
  • Understanding our business

Round 2: Recruiting perception of HR

  • HR doesn't really understand or care about hiring
  • Relationship with Hiring manager(s)
  • No understanding of the Job description

Failure to Communicate:

  • Blame game
  • Market conditions (low unemployment)

Round 3: Working effectively together

  • Control
  • Restructuring HR bonus structure (cost per hire)
  • Separating responsibilities
  • Trust
  • Structure

Nicole Arvizu is the Chief Human Resources & Compliance Officer for MeriCal, Inc. She is a very progressive and disruptive HR leader! Nicole is a change Agent who joined Merical in January 2017 and has done an amazing job of transforming the organization to bring in HR as a business partner rather than an administrative arm.

She loves to geek out with her quest for scientific knowledge and is also a surfer!

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Event Interview:Paul Pickle From Octane OC’s Technology Innovation Forum

June 13, 2018

Paul Pickle, Former President & COO, of Microsemi & MC of Octane OC's 2018 Technology Innovation Forum. We discussed the future of Semiconductor and whats on the horizon. 

 

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Event Interview: Ryan Permeh From Octane OC’s Technology Innovation Forum

June 11, 2018

Ryan PermehCo-Founder & Chief Scientist of Cylance I had the pleasure to sit down with Ryan for a quick interview at Octane OC's Technology Innovation Forum Event. He shared some great Insight on Leveraging the Cybersecurity hub in SoCal.

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