Immigration policy in biotech companies continues to evolve, and the biotech sector, with its reliance on international talent, faces unique challenges. Biotech workforce immigration issues are critical, but your organization can tackle immigration-related uncertainties with a proactive compliance plan that protects both your people and your business.
“When employees don’t know where they stand, it impacts morale, productivity, and retention. HR needs to be the steady voice in the room.”
Here’s how to prepare:
#1: Immigration Compliance Checklist: How to Audit I-9 Forms, Utilize E-Verify, and Maintain Public Access Files in Biotech
Use this checklist to conduct an internal audit:
- I-9 Forms: Conduct a formal I-9 audit. Ensure all are up to date and stored correctly. When it comes to filing, be sure all immigration-related paperwork is kept in a separate file. This may limit what must be provided during an investigation, raid, or legal proceeding.
- e-Verify: Some companies are required to use E-Verify based on the state(s) in which they operate and any federal or state grants. Other companies may voluntarily choose to use E-Verify. For those who do use the system, ensure consistent and compliant use. If you’re not using E-Verify, you can be taking an unnecessary risk.
- Public Access Files: If your organization employs H-1B visa holders, maintaining complete and compliant Public Access Files (PAFs) is a legal requirement, and one that can easily be overlooked until it’s too late. PAFs must be created within one working day of filing the Labor Condition Application (LCA) and must be readily accessible to any member of the public upon request.
- Prepare well in advance for travel; any sponsored employee must fully understand their obligations and rights upon re-entry.
- Manager Training: Do your employees know what to do if immigration agents come onsite? Do they know their rights?
#2: When It Comes to Immigration Policy in Biotech: Know Your Rights and Responsibilities
Biotech companies must understand their legal responsibilities for immigration enforcement. Federal agents need a warrant to enter non-public workspaces, but many biotech employers don’t know their rights or freeze during the process. Having a biotech immigration plan can ensure you’re always prepared.
Your plan should include:
- A designated point person for government interactions
- Immediate legal counsel contact
- A communications protocol for affected employees
#3: Keep Employees in the Loop (Especially When Immigration Policies Change)
Immigration concerns are deeply personal. Avoid radio silence. Instead:
- Offer updates when policies change
- Reaffirm your support for affected employees
- Maintain confidentiality and compassion
Biotech HR Strategies: How to Protect Your International Talent Now
In biotech, your people are your most powerful asset- and that includes your international talent. Navigating immigration uncertainty requires more than just compliance; it calls for clarity, compassion, and a clear plan. Danforth Advisors specializes in biotech immigration compliance and can help you create tailored response strategies to protect your team and business. Contact us to develop your readiness plan today.