Tag: employers

  • Feds launch site for employers to pay controversial H-1B fee, clarify exemptions

    Feds launch site for employers to pay controversial H-1B fee, clarify exemptions

    Dive Brief:

    • The U.S. Treasury Department launched an online payment website for employers to pay President Donald Trump’s $100,000 fee on new H-1B visa petitions, according to an update last week from the U.S. Citizenship and Immigration Services.
    • USCIS said the fee applies to new H-1B petitions filed on or after Sept. 21 on behalf of beneficiaries who are outside the U.S. and do not have a valid H-1B visa, or whose petitions request consular notification, port of entry notification or pre-flight inspection. Payment must be made prior to filing a petition with USCIS, per the agency.
    • Separately, USCIS’ update clarified that the fee requirement does not apply to petitions requesting an amendment, change of status or extension of stay for noncitizens who are inside the U.S., if that request is granted by USCIS. If it is not granted, then the fee applies.

    Dive Insight:

    Trump’s proclamation announcing the H-1B fee left employers with plenty of unanswered questions. While Monday’s update provides some clarity, the policy’s future is still uncertain in part because business groups, employers, unions, lawmakers and other stakeholders oppose it.

    At least two lawsuits have been filed seeking to enjoin the fee proclamation — one by the U.S. Chamber of Commerce in Washington, D.C., and another by a group of plaintiffs in California. Both similarly alleged that the H-1B fee violates the constitutional separation of powers as well as the Administrative Procedure Act. The complaints also warned of negative effects on U.S. employers that depend on the H-1B program to attract skilled foreign workers.

    In a letter to Trump and Secretary of Commerce Howard Lutnick, a bipartisan group of congressional lawmakers agreed to the need for reform of the H-1B program while expressing concerns about the potential effects of the fee on U.S. employers’ ability to compete with their global counterparts for talent.

    “The recently announced H-1B visa changes will undermine the efforts of the very catalysts of our innovation economy — startups and small technology firms — that cannot absorb costs at the same level as larger firms,” the lawmakers wrote.

    Trump and the White House have said the fee is necessary to combat “systemic abuse” of the H-1B program by employers that seek to artificially suppress wages at the cost of reduced job opportunities for U.S. citizens. In addition to the fee imposed on new visa petitions, the administration issued a proposed rule to change its selection process for H-1B visas to be weighted in favor of higher-paying offers.

    USCIS’ guidance noted that the Secretary of Homeland Security may grant other exceptions to the H-1B fee in “extraordinarily rare” circumstances where:

    • A beneficiary’s presence is in the national interest.
    • No American worker is available to fill the role.
    • The beneficiary does not pose a threat to U.S. security or welfare.
    • Requiring payment from the employer would significantly undermine U.S. interests.

    The agency provided an email address to which employers could send requests for fee exemption along with supporting evidence.

    Employers planning to file for new H-1B visas should plan to pay the fee unless litigation results in some kind of change, Akshat Divatia, attorney at law firm Harris Sliwoski, wrote in an article Tuesday. Divatia noted that some of the criteria for exemptions outlined by USCIS may conflict with congressional design of the H-1B program, and that employers “should watch closely how the courts respond” to such arguments.

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  • Feds launch site for employers to pay controversial H-1B fee, clarify exemptions

    Feds launch site for employers to pay controversial H-1B fee, clarify exemptions

    This audio is auto-generated. Please let us know if you have feedback.

    Dive Brief:

    • The U.S. Treasury Department launched an online payment website for employers to pay President Donald Trump’s $100,000 fee on new H-1B visa petitions, according to an update Monday from the U.S. Citizenship and Immigration Services.
    • USCIS said the fee applies to new H-1B petitions filed on or after Sept. 21 on behalf of beneficiaries who are outside the U.S. and do not have a valid H-1B visa, or whose petitions request consular notification, port of entry notification or pre-flight inspection. Payment must be made prior to filing a petition with USCIS, per the agency.
    • Separately, USCIS’ update clarified that the fee requirement does not apply to petitions requesting an amendment, change of status or extension of stay for noncitizens who are inside the U.S., if that request is granted by USCIS. If it is not granted, then the fee applies.

    Dive Insight:

    Trump’s proclamation announcing the H-1B fee left employers with plenty of unanswered questions. While Monday’s update provides some clarity, the policy’s future is still uncertain in part because business groups, employers, unions, lawmakers and other stakeholders oppose it.

    At least two lawsuits have been filed seeking to enjoin the fee proclamation — one by the U.S. Chamber of Commerce in Washington, D.C., and another by a group of plaintiffs in California. Both similarly alleged that the H-1B fee violates the constitutional separation of powers as well as the Administrative Procedure Act. The complaints also warned of negative effects on U.S. employers that depend on the H-1B program to attract skilled foreign workers.

    In a letter to Trump and Secretary of Commerce Howard Lutnick, a bipartisan group of congressional lawmakers agreed to the need for reform of the H-1B program while expressing concerns about the potential effects of the fee on U.S. employers’ ability to compete with their global counterparts for talent.

    “The recently announced H-1B visa changes will undermine the efforts of the very catalysts of our innovation economy — startups and small technology firms — that cannot absorb costs at the same level as larger firms,” the lawmakers wrote.

    Trump and the White House have said the fee is necessary to combat “systemic abuse” of the H-1B program by employers that seek to artificially suppress wages at the cost of reduced job opportunities for U.S. citizens. In addition to the fee imposed on new visa petitions, the administration issued a proposed rule to change its selection process for H-1B visas to be weighted in favor of higher-paying offers.

    USCIS’ guidance noted that the Secretary of Homeland Security may grant other exceptions to the H-1B fee in “extraordinarily rare” circumstances where:

    • A beneficiary’s presence is in the national interest.
    • No American worker is available to fill the role.
    • The beneficiary does not pose a threat to U.S. security or welfare.
    • Requiring payment from the employer would significantly undermine U.S. interests.

    The agency provided an email address to which employers could send requests for fee exemption along with supporting evidence.

    Employers planning to file for new H-1B visas should plan to pay the fee unless litigation results in some kind of change, Akshat Divatia, attorney at law firm Harris Sliwoski, wrote in an article Tuesday. Divatia noted that some of the criteria for exemptions outlined by USCIS may conflict with congressional design of the H-1B program, and that employers “should watch closely how the courts respond” to such arguments.

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  • Higher Education must help shape how students learn, lead and build the skills employers want most

    Higher Education must help shape how students learn, lead and build the skills employers want most

    For the first time in more than a decade, confidence in the nation’s colleges and universities is rising. Forty-two percent of Americans now say they have “a great deal” or “quite a lot” of confidence in higher education, up from 36 percent last year.  

    It’s a welcome shift, but it’s certainly not time for institutions to take a victory lap. 

    For years, persistent concerns about rising tuition, student debt and an uncertain job market have led many to question whether college was still worth the cost. Headlines have routinely spotlighted graduates who are underemployed, overwhelmed or unsure how to translate their degrees into careers.  

    With the rapid rise of AI reshaping entry-level hiring, those doubts are only going to intensify. Politicians, pundits and anxious parents are already asking: Why aren’t students better prepared for the real world?  

    But the conversation is broken, and the framing is far too simplistic. The real question isn’t whether college prepares students for careers. It’s how. And the “how” is more complex, personal and misunderstood than most people realize.  

    Related: Interested in innovations in higher education? Subscribe to our free biweekly higher education newsletter. 

    What’s missing from this conversation is a clearer understanding of where career preparation actually happens. It’s not confined to the classroom or the career center. It unfolds in the everyday often overlooked experiences that shape how students learn, lead and build confidence.  

    While earning a degree is important, it’s not enough. Students need a better map for navigating college. They need to know from day one that half the value of their experience will come from what they do outside the classroom.  

    To rebuild America’s trust, colleges must point beyond course catalogs and job placement rates. They need to understand how students actually spend their time in college. And they need to understand what those experiences teach them. 

    Ask someone thriving in their career which part of college most shaped their success, and their answer might surprise you. (I had this experience recently at a dinner with a dozen impressive philanthropic, tech and advocacy leaders.) You might expect them to name a major, a key class or an internship. But they’re more likely to mention running the student newspaper, leading a sorority, conducting undergraduate research, serving in student government or joining the debate team.  

    Such activities aren’t extracurriculars. They are career-curriculars. They’re the proving grounds where students build real-world skills, grow professional networks and gain confidence to navigate complexity. But most people don’t discuss these experiences until they’re asked about them.  

    Over time, institutions have created a false divide. The classroom is seen as the domain of learning, and career services is seen as the domain of workforce preparation. But this overlooks an important part of the undergraduate experience: everything in between.  

    The vast middle of campus life — clubs, competitions, mentorship, leadership roles, part-time jobs and collaborative projects — is where learning becomes doing. It’s where students take risks, test ideas and develop the communication, teamwork and problem-solving skills that employers need.  

    This oversight has made career services a stand-in for something much bigger. Career services should serve as an essential safety net for students who didn’t or couldn’t fully engage in campus life, but not as the launchpad we often imagine it to be. 

    Related: OPINION: College is worth it for most students, but its benefits are not equitable 

    We also need to confront a harder truth: Many students enter college assuming success after college is a given. Students are often told that going to college leads to success. They are rarely told, however, what that journey actually requires. They believe knowledge will be poured into them and that jobs will magically appear once the diploma is in hand. And for good reason, we’ve told them as much. 

    But college isn’t a vending machine. You can’t insert tuition and expect a job to roll out. Instead, it’s a platform, a laboratory and a proving ground. It requires students to extract value through effort, initiative and exploration, especially outside the classroom.  

    The credential matters, but it’s not the whole story. A degree can open doors, but it won’t define a career. It’s the skills students build, the relationships they form and the challenges they take on along the way to graduation that shape their future. 

    As more college leaders rightfully focus on the college-to-career transition, colleges must broadcast that while career services plays a helpful role, students themselves are the primary drivers of their future. But to be clear, colleges bear a grave responsibility here. It’s on us to reinforce the idea that learning occurs everywhere on campus, that the most powerful career preparation comes from doing, not just studying. It’s also on us to address college affordability, so that students have the time to participate in campus life, and to ensure that on-campus jobs are meaningful learning experiences.  

    Higher education can’t afford public confidence to dip again. The value of college isn’t missing. We’re just not looking in the right place. 

    Bridget Burns is the founding CEO of the University Innovation Alliance (UIA), a nationally recognized consortium of 19 public research universities driving student success innovation for nearly 600,000 students. 

    Contact the opinion editor at [email protected]. 

    This story about college experiences was produced by The Hechinger Report, a nonprofit, independent news organization focused on inequality and innovation in education. Sign up for Hechinger’s weekly newsletter. 

    The Hechinger Report provides in-depth, fact-based, unbiased reporting on education that is free to all readers. But that doesn’t mean it’s free to produce. Our work keeps educators and the public informed about pressing issues at schools and on campuses throughout the country. We tell the whole story, even when the details are inconvenient. Help us keep doing that.

    Join us today.

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  • Employers Value Postsecondary Credentials, Durable Skills

    Employers Value Postsecondary Credentials, Durable Skills

    Public perceptions of college have been declining over the past decade, but the role of postsecondary education as a training ground for the workforce remains clear, according to employer surveys.

    Recently published data from the U.S. Chamber of Commerce and College Board found that a majority of hiring managers say high school students are not prepared to enter the workforce (84 percent) and that they are less prepared for work than previous generations (80 percent).

    Similarly, a survey from DeVry University found that 69 percent of employers say their workers lack the skills they need to be successful over the next five years.

    The trend line highlights where higher education can be responsive to industry needs: providing vital skills education.

    Methodology

    DeVry’s survey, fielded in summer 2025, includes 1,511 American adults between the ages of 21 and 60 who are working or expect to work in the next 12 months, and 533 hiring managers from a variety of industries.

    The Chamber of Commerce report was fielded between May 20 and June 9 and includes responses from 500 hiring managers at companies of all sizes.

    Cengage’s State of Employability includes responses from 865 full-time hiring managers, 698 postsecondary instructors and 971 recent college graduates. The study collected data in June and July.

    Investing in education: Nine in 10 respondents to the Chamber of Commerce’s survey indicated that trade school graduates and four-year college graduates with industry-recognized credentials were prepared to enter the workforce. About three-quarters said college graduates without industry-recognized credentials were prepared for the workforce.

    According to Devry’s data, three-fourths of hiring managers believe postsecondary education will continue to be valuable as the workplace evolves over the next five to 10 years.

    A 2025 report from Cengage Group found that 71 percent of employers require a two- or four-year degree for entry-level positions, up 16 percentage points from the year prior. However, only 67 percent of employers said a degree holds value for an entry-level worker—down from 79 percent last year—and fewer indicated that a college degree remains relevant over the span of a career.

    The Chamber of Commerce’s survey underscored the role of work-based learning in establishing a skilled workforce; just under half of employers said internships are the top way for students to gain early-career skills, followed by trade schools (40 percent) and four-year colleges (37 percent). This echoes a student survey by Strada Education Foundation, in which a majority of respondents indicated paid internships had made them a stronger candidate for their desired role.

    However, fewer than two in five hiring managers said it’s easy to find candidates with the skills (38 percent) or experience (37 percent) they need. In DeVry’s survey, hiring managers identified a lack of skilled workers as a threat to productivity at their company (52 percent), with one in 10 saying they would have to close their business without skilled talent.

    Looking to the future, 80 percent of the hiring managers DeVry surveyed said investing time and money in education is worthwhile in today’s economy; a similar number said education would advance a worker’s professional career as well.

    Needed skills: Nearly all hiring managers said they’re more likely to hire an entry-level employee who demonstrates critical thinking or problem-solving abilities, compared to a candidate without those skills. Ninety percent consider effective communication skills a top quality in an applicant.

    DeVry’s survey showed that skills have impact beyond early career opportunities; 70 percent of employers said durable skills are a deciding factor in promotions, with critical thinking (61 percent), self-leading (50 percent) and interpersonal communication (50 percent) as the top skills needed for the future.

    A majority of educators polled by Cengage said postsecondary institutions should be responsible for teaching industry-specific skills, with 60 percent placing the onus on instructors and 10 percent on campus advisory services or programs. Employer respondents said they expect recent graduates to bring job-specific technical, communication and digital skills to the table when hired.

    The Chamber of Commerce survey underscored a need for early education, with 97 percent of respondents saying high school courses should teach professional career skills. Even so, 87 percent of respondents still believe work experience is more valuable than formal education.

    Do you have a career-focused intervention that might help others promote student success? Tell us about it.

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  • College grad unemployment surges as employers replace new hires with AI (CBS News)

    College grad unemployment surges as employers replace new hires with AI (CBS News)

    The unemployment rate for new college graduates has recently surged. Economists say businesses are now replacing entry-level jobs with artificial intelligence.

     

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  • Employers will increasingly focus on graduates’ skills over technical knowledge

    Employers will increasingly focus on graduates’ skills over technical knowledge

    There are few safe bets about the future, so the impact of technology on labour markets, how transitions through education and into work will change, and the need to reskills and upskill, can only be predicted.

    But we do know that technology – AI in particular – is a disruptive force. We know that declining birth rates and higher employer skills needs have the potential to create a difficult labour market that hinders growth. We also know it’s likely that people who don’t adapt to changes in work could see their careers suffer.

    In response to these shifts, graduate and apprentice employers are considering fresh approaches to their talent strategies. Strategies that will focus less on a person’s age, education and technical experience, and more on their skills, capabilities and aptitudes.

    The Institute of Student Employers (ISE) recent report, From early career to emerging talent, shows that 68 per cent of early career employers have already adopted or partially adopted a skills-based strategy to hiring – and another 29 per cent are considering it.

    A constricted labour market

    Quite rightly, we are all concerned about the tough jobs market facing students, the high volumes of applications they make, and the time it takes many to get a graduate job. Because of the UK’s anaemic growth, the current labour market is tight (ISE predicts graduate vacancies will only grow by one per cent this year). But once growth returns to the economy, it’s likely employers will see significant talent shortages.

    We can see latent labour market problems in the current Labour Market Information (LMI) data. The UK’s unemployment rate at 4.4 per cent is historically low. Only 16.4m people in England and Wales are educated to level 4 or over – yet there are 18.6m jobs currently at that level, rising to 22.7m over the next 10 years. Over the next decade the working age population will increase only by 1.14m people (the over-70s, on the other hand, will increase by 2.1m).

    Mention 2022 and while most remember the heatwave, recruiters remember the post-pandemic growth spurt which left many vacancies unfilled. A CIPD labour market survey from summer of that year reported that 47 per cent of employers had hard-to-fill vacancies and the top response to difficulties reported by employers was to upskill existing staff.

    A problematic word

    What is a skill, an attribute or a capability? What can be taught, learned and developed, and what individual traits are innate? Some skills are technical, some more behavioural. And we’ll all have our own views on the abilities of ourselves and others. So, the word skills is problematic, which makes agreement on what approach we take to skills problematic.

    In their recent Wonkhe articles, Chris Millward and Konstantinos Kollydas and James Coe are right to highlight the challenge of differentiating between knowledge, technical behavioural and cognitive skills. To varying degrees, employers need both. I’d add another challenge, particularly in the UK: the link between what you study and what you do is less pronounced. Over 80 per cent of graduate recruiters do not stipulate a degree discipline. This makes connecting skills development to the labour market problematic.

    Another problem with the use of the word skills is the danger that we take a reductive, overly simplistic view of skills. A student who does a group activity successfully may think they’ve nailed teamworking skills. In reality, working with people involves a multitude of skills that many of us spend our working lives trying to master.

    Employers are already increasing their focus on skills

    In their report The skill-based organisation: a new operating model for work and the workforce, Deloitte describe how organisations are developing “a whole new operating model for work and the workforce that places skills, more than jobs, at the centre.”

    As recruitment for specific expertise becomes more challenging, people are matched to roles based on skills and potential, less on experience in a role. Skills-based hiring strategies encompass career changers, older workers, people who have near-to work experience. Technology maps an organisation’s skills base to create an internal marketplace for roles and employees are encouraged to re-skill and upskill in order to move about the organisation as jobs change.

    Graduates will need the skills and associated mindset to navigate this future world of work. World Economic Forum 2025 Future of Jobs analysis shows that 69 per cent of UK organisations placed resilience, flexibility and agility in the top five skills that will increase in importance by 2030.

    Graduate recruitment strategies could evolve to make less use of education exit points to define the talent pool hired from: career-changers, older-workers, and internal switchers are incorporated into development programmes. More learning content becomes focused on developing behavioural and cognitive skills to promote a more agile cohort.

    Students do develop skills

    Within HE, practitioners have already established a considerable body of knowledge, research and practice on employability skills. Where change is occurring, is in the campus-wide approach to skills that many institutions have developed (or are in the process of developing). Approaches that aim to ensure all students have the opportunity to develop a core set of skills that will enable them to transition through education and into work. Bristol and Kingston, among others, have shown how skills can be embedded right across the curriculum.

    I’m a big fan of Bobby Duffy’s work on delayed adulthood which suggests to me that the average student or graduate in their late teens and early twenties is at quite a different stage of development to previous generations. Which means that it’s wrong-headed to think of deficits in students’ work readiness as the fault of students (or their coddling parents).

    Employers and educators together have a role to play in helping students understand their own skills and how to develop them. Skills require scaffolding. Surfacing skills in the curriculum ensures students understand how their academic work develops core skills.

    And the provision and promotion of extra-curricular activities, including work experience, can be built into the student journey. Programmes where students develop their ability to deal with change and challenging situations, to analyse and solve complex problems, to adopt a positive approach to life-long learning.

    The skills agenda opportunity

    At the ISE we leave the language of skills gaps and employers’ apparent low opinion of graduates to the tabloids. Only 17 per cent of employers in our annual survey say they disagree that graduates are not work-ready. We do ask a more subtle question on the attitudes and behaviours that employers expect early career hires to possess when they start work. The top skills employers thought students weren’t as proficient in as they expected were self-awareness, resilience and personal career management.

    I am not, never have been, and never will be, a policy wonk. Maybe someone who is can design the architecture of incentives and systems that better connect education pathways to labour market needs. This architecture will also have to be able to predict labour market needs four to five years in advance, because that’s the lag between a typical students’ course choice and their job application. But if that can’t be done, surely a good investment is ensuring that students have plenty of opportunities to develop their skills and attributes to deal with an ever more changing workplace.

    Fully embracing a skills approach is a great opportunity to demonstrate how HE adds value to the UK economy through the triangulation of student interests, employer needs and a great education experience.

    Read the ISE’s report, From early talent to emerging talent, for a detailed analysis of the forces impacting how employers will hire and develop students in the future.

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  • Degree Apprenticeships in England: What Can We Learn from the Experiences of Apprentices, Employers, and Education and Training Providers?

    Degree Apprenticeships in England: What Can We Learn from the Experiences of Apprentices, Employers, and Education and Training Providers?

    By Josh Patel, Researcher at the Edge Foundation.

    Degree Apprenticeships (DAs) were launched in 2015, as a novel work-based learning route to obtaining a degree. On their introduction, then Prime Minister David Cameron said they would ‘give people a great head start, combining a full degree with real practical skills gained from work and the financial security of a regular pay packet’. Since then, they have taken the higher education sector by storm. Their growth has been the key factor in the expansion of higher apprenticeships from 43,800 starts in 2015/16 to 273,700 in 2023/24, a rise from 4.8% to 35% of all apprenticeships. They have stimulated innovative models of delivery and new and productive relationships between employers and providers. Former Skills Minister Robert Halfon remarked that ‘Degree Apprenticeships’ were his ‘two favourite words in the English language’.

    DAs have, however, recently come under scrutiny. Concerns persist that the growth of DAs and their high cost – reported in the media as growing from 2% of the apprenticeship budget in 2017/18 to 21% in 2021 – might crowd out opportunities for young entrants to the workforce, as DAs are primarily taken by existing employees. The suitability of DAs as instruments to improve upward social mobility has been contested. Meanwhile, the government is drawing up plans to increase the flexibility of the Apprenticeship Levy through which Degree Apprenticeships can currently be funded, asking employers ‘to rebalance their funding for apprenticeships… to invest in younger workers’.

    Our report, ‘Degree Apprenticeships in England: What Can We Learn from the Experiences of Apprentices, Employers, and Education and Training Providers?’, written in collaboration with colleagues from the Universities of Bath, Huddersfield, and Oxford, was published on Tuesday and is a timely intervention into these discussions. Here, we present the evidence for some our policy recommendations, gathered from nearly 100 interviews with stakeholders including large employers and SMEs, providers, degree apprentices, and policymakers.

    Engaging employers

    The government needs to consider a more systematic approach that serves to rationalise the way that employers are supported to offer a wide range of work-based opportunities. As Edge has identified in other programmes, such as T Levels or plans to provide universal work experience through the government’s Youth Guarantee, DAs are restricted by the number of employers willing to engage. We repeatedly heard evidence of the difficulties ‘resource-poor’ employers had in engaging with the design of apprenticeship standards and participating fully in collaboration with providers. As one SME told us contributing to the design and development of a DA ‘doesn’t give me any benefit now, and I’m impatient’.

    The government needs to develop a coherent strategy for DAs with a particular focus on support for SMEs, including improved awareness of levy transfer schemes. Involvement in DAs is often based on being ‘in the know’ and contacts with providers and local authorities. In our ‘Learning from the past’ stream of work, we reviewed Education Business Partnerships, as an example of intermediary organisations, noting both their strengths and shortcomings, which could inform effective initiatives for supporting employers.

    Reducing complexity

    With the creation of Skills England, the government should take the opportunity to review and simplify the process of design, delivery and quality assurance for DAs, and ensure regulatory elements work together. DAs currently draw in a large number of bodies including the OfS, IfATE, regulatory bodies, professional bodies and Ofsted. Providers told us that this had created a complex landscape of ‘many masters’ where lines of accountability are blurred and innovation is stifled. Providers described ‘overregulation’ as limiting ‘our ability to go off-piste’, and while the process could be constructive, providers were unconvinced of its added value. ‘Does that add to the quality?’ one provider asked. ‘I don’t think it necessarily does’.

    Skills England’s remit includes shaping technical education to respond to skills needs, and its incorporation of IfATE has already begun. As a first exercise, it could review the regulatory requirements to remove any duplication and contradictions and then consult with the sector to devise a simpler, clearer mechanism for providers to report.

    Increasing flexibility

    These difficulties meant that, while we found examples of excellent integration of academic learning and the workplace, concerns persisted as to the vocational relevance and obsolescence of learning, particularly in fast-moving sectors such as IT and mental health provision. One employer involved in delivery said they told their apprentices: ‘we have to teach you this so you get through your apprenticeship, but actually in practice that is not the way it’s done any longer’.

    In other countries, such as the Netherlands, a proportion (up to 20-25%) of an apprenticeship standard is kept flexible to be agreed between the employer and provider so that it can take better account of the current and changing situation in that particular industry, location and employer – such flexibility could be piloted in the UK.

    …without compromise

    The government’s commitment to adapting the levy into a ‘Growth and Skills Levy’, offers opportunities to improve DA delivery. Diversification was not a major consideration for the majority of employers when recruiting, though we certainly did hear evidence from those with a strong sense of their social corporate responsibility. As one SME put it:

    there are too many people in the IT industry that are like me. So we’re talking middle-aged white guys. […] Now, DAs allow people who don’t necessarily, wouldn’t consider getting into this industry from a variety of backgrounds, creeds, colours…

    We recommended in our Flex Without Compromise report that the government should take a measured approach to levy reform to minimise the risk that a broadening of scope diminishes the opportunities available particularly for younger people and newer entrants to the labour market. It should consider modelling the impact of differentiating levy funding available for DAs by either or both age and staff status, and diversification of the workforce. This could be a powerful mechanism to encourage employers to focus DA opportunities on younger people and on new recruits but would need to be considered carefully to allow for continued expansion of DAs.

    These initiatives might help address existing challenges and enhance the efficacy of Degree Apprenticeships in fostering equitable access and meeting the needs of learners and employers.

    To find out more about Edge and to read the report in full, visit www.edge.co.uk

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  • DOL allows employers to self-correct 401(k) errors

    DOL allows employers to self-correct 401(k) errors

    This audio is auto-generated. Please let us know if you have feedback.

    Employers can soon self-correct certain retirement plan contribution errors, thanks to federal regulations published Wednesday.

    Beginning March 17, employers may use a self-correction tool to “remedy delays in sending participant contributions, such as employee payroll deductions, and participant loan repayments to retirement plans,” according to a U.S. Department of Labor announcement.

    When the change was proposed two years ago, a business-side attorney said employers would likely welcome the option to self-correct as it would streamline the process.

    The correction program may allow employers and other plan officials to avoid certain civil enforcement actions and penalties under the Employee Retirement Income Security Act and the Internal Revenue Code, DOL said.

    “The Employee Benefits Security Administration is pleased to provide these improvements to our Voluntary Fiduciary Correction Program so that employers and other plan officials can take advantage of streamlined tools to correct legal violations, and America’s workers get full protection for their hard-earned benefits,” said Assistant Secretary for Employee Benefits Security Lisa M. Gomez in a statement.

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  • DHS Announces Proposed Pilot Program for Non-E-Verify Employers to Use Remote I-9 Document Examination – CUPA-HR

    DHS Announces Proposed Pilot Program for Non-E-Verify Employers to Use Remote I-9 Document Examination – CUPA-HR

    by CUPA-HR | August 9, 2023

    On August 3, 2023, the Department of Homeland Security (DHS) published a notice in the Federal Register seeking comments on a potential pilot program to allow employers not enrolled in E-Verify to harness remote examination procedures for the Form I-9, Employment Eligibility Verification.

    Background

    DHS’s recent actions are built upon a series of moves aimed at modernizing and making more flexible the employment verification process. On July 25, 2023, the DHS rolled out a final rule enabling the Secretary of Homeland Security to authorize optional alternative examination practices for employers when inspecting an individual’s identity and employment authorization documents, as mandated by the Form I-9. The rule creates a framework under which DHS may implement permanent flexibilities under specified conditions, start pilot procedures with respect to the examination of documents, or react to crises similar to the COVID-19 pandemic.

    Alongside the final rule, DHS published a notice in the Federal Register authorizing a remote document examination procedure for employers who are participants in good standing in E-Verify and announced it would be disclosing details in the near future about a pilot program to a broader category of businesses.

    Key Highlights of the Proposed Non-E-Verify Remote Document Examination Pilot 

    DHS’s proposal primarily revolves around the following points:

    • Purpose: Immigration and Customs Enforcement (ICE) intends to gauge the security impact of remote verification compared to traditional in-person examination of the Form I99. This involves evaluating potential consequences like error rates, fraud and discriminatory practices.
    • Pilot Procedure: The new pilot program would mirror the already authorized alternative method for E-Verify employers, including aspects such as remote document inspection, document retention and anti-discrimination measures.
    • Eligibility: The pilot program is open to most employers unless they have more than 500 employees. However, E-Verify employers are excluded since DHS has already greenlit an alternative for them.
    • Application Process: Interested employers must fill out the draft application form, which DHS has made available online. This form captures details like company information, terms of participation, participant obligations, and more.
    • Information Collection: Employers wishing to join the pilot would be required to complete the formal application linked above. ICE would periodically seek data from these employers, such as the number of new hires or how many employees asked for a physical inspection.
    • Documentation: Participating companies must electronically store clear copies of all supporting documents provided by individuals for the Form I-9. They might also be required to undertake mandatory trainings for detecting fraudulent documents and preventing discrimination.
    • Onsite/Hybrid Employees: Companies might face restrictions or a set timeframe for onsite or hybrid employees, dictating when they must physically check the Form I-9 after the initial remote assessment.
    • Audits and Investigations: All employers, including pilot participants, are liable for audits and evaluations. DHS plans to contrast data from these assessments to discern any systemic differences between the new method and the traditional one.

    What’s Next: Seeking Public Comments by October 2 

    DHS is actively seeking feedback from the public regarding the proposed pilot and the draft application form. The department encourages stakeholders to consider and provide insights on the following points:

    • Practical Utility: Assess if the proposed information requirement is vital for the agency’s proper functioning and whether the data collected will be practically useful.
    • Accuracy and Validity: Analyze the agency’s estimation of the information collection’s burden, ensuring the methods and assumptions are valid.
    • Enhance Information Quality: Offer suggestions to improve the clarity, utility and overall quality of the data collected.
    • Minimize Collection Burden: Propose ways to ease the data collection process for respondents, exploring technological solutions such as electronic submissions.

    In light of this, CUPA-HR plans to carefully evaluate the notice and associated application. Based on its review, CUPA-HR is considering submitting comments to provide valuable insights to DHS. CUPA-HR will keep members apprised of any updates regarding this proposed pilot program and other changes to Form I-9 alternative examination procedures.



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  • ICE Gives Employers Until August 30 for In-Person Form I-9 Verification After COVID Flexibilities Expire – CUPA-HR

    ICE Gives Employers Until August 30 for In-Person Form I-9 Verification After COVID Flexibilities Expire – CUPA-HR

    by CUPA-HR | May 10, 2023

    On May 4, 2023, U.S. Immigration and Customs Enforcement (ICE) announced it will provide employers with 30 days to reach compliance with Form I-9 requirements after the COVID-19 flexibilities sunset on July 31, 2023. Employers will now have until August 30, 2023, to complete all required physical inspections of identity and employment-eligibility documents. This extension aims to ease the transition for employers who have been using the temporary flexibilities throughout the pandemic.

    Background 

    In March 2020, ICE introduced the temporary flexibilities in response to the COVID-19 pandemic, allowing employers to review employees’ identity and employment authorization documents remotely, rather than in person. This virtual inspection was to be followed by a physical examination within three business days after normal operations resumed. The flexibilities were extended several times, with the most recent extension set to expire on July 31, 2023.

    During the pandemic, employers with employees taking physical-proximity precautions were allowed to temporarily defer physical examination of employees’ identity and employment authorization documents. Remote examination methods, such as video link, fax or email, were permitted, with “COVID-19” entered as the reason for the physical-examination delay in the Section 2 Additional Information field on the Form I-9. Once the employees’ documents were physically examined, employers would add “documents physically examined” with the date of examination to Section 2 or Section 3 of the Form I-9, as appropriate.

    The recent announcement clarifies that employers have until August 30, 2023, to perform all required physical examinations of identity and employment-eligibility documents for individuals hired on or after March 20, 2020, who have received only a virtual or remote examination under the flexibilities.

    What’s Next 

    On August 18, 2022, ICE issued a proposed rule to allow alternative procedures for examining identity and employment-eligibility documents. CUPA-HR submitted comments to ICE encouraging it to move forward expediently and ensure that a remote review process remains available for all employers. The public comment period closed on October 17, 2022, and DHS is currently reviewing the comments. While the Fall 2022 Regulatory Agenda had forecast a final rule to be issued in May 2023, ICE’s announcement indicates a final rule will be issued later this year.



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