Robert Groban, Jr., Provides Commentary on President Obama’s Immigration Action in “Immigration Action Will Increase Immigrants’ Ability to Switch Employers”

Society for Human Resource Management

Robert S. Groban, Jr., Member of the firm and National Chairperson of the firm’s Immigration Law Group (ILG), provided commentary on President Obama’s immigration action in Society for Human Resource Management, in “Immigration Action Will Increase Immigrants’ Ability to Switch Employers,” by Allen Smith.

Following is an excerpt:

One change resulting from President Barack Obama’s immigration action that will be “a game changer for HR” is the increased portability for green card applicants, according to Robert Groban Jr., an attorney with Epstein Becker & Green. …

Groban said the change will affect whether a company will want to invest time and money in someone who may leave for another employer.

There will be new retention issues for HR, he noted, but it also “opens up a bigger pool” of recruitable talent since employers now can attract workers from other companies who formerly had to stay with their sponsoring employers through the entire green card process. …

But if an employee comes in now and says, “Thank God, the government finally answered my prayers,” and fesses up about the earlier fake documents without having any legal document to present, the employer will have to terminate the worker and ask him or her to reapply for an open position in order for the employer to be in good standing with U.S. Citizenship and Immigration Services, according to Groban.

I-9 enforcement has been more vigorous under the Obama administration than under President George W. Bush, Groban told SHRM Online, saying there have been “enormous fines” for noncompliance. Groban said if a business operates on a model of employing undocumented workers, the government will move to seize the company’s assets.