How to attract and retain top immigrant talent after the FTC’s non-compete ban

The Federal Trade Commission’s (FTC) recent ban on non-compete agreements marks a significant shift in the talent landscape, especially for HR professionals who support immigrant workers. While this decision opens up new possibilities, it also challenges companies to prioritize retention in a more competitive market.

Navigating the double-edged sword

The FTC’s move allows immigrant workers to move more freely between companies, creating a broader talent pool for HR teams. However, this new mobility also means that companies must emphasize loyalty and commitment to retain their top talent.

How HR can adapt

HR professionals can proactively address this changing environment by:

• Review of employee value propositions: Ensure compensation and benefits packages are competitive and aligned with industry standards. Consider unique benefits that are attractive to migrant workers.
• Strengthening Career Development Programs: Provide mentorship, training and clear pathways for advancement within the company.
• Foster inclusive work environments: Prioritize diversity and inclusion initiatives that go beyond basic training and make all employees feel welcome.

Understanding the impact

Historically, non-compete agreements were common in the US, with estimates suggesting that up to 46% of employees were subject to them. Foreign workers in highly skilled sectors such as technology would be particularly affected. The FTC’s ban will lead to greater talent mobility, potentially impacting timelines for green cards and other immigration processes.

Retention is key

HR must go beyond attracting immigrant talent and focus on creating workplaces where they want to stay. This includes:

• Competitive pay and benefits: Pay should be fair and benefits should include options such as language lessons, family immigration benefits or relocation assistance.
• Fostering a culture of support and growth: Immigrant workers should feel valued and given opportunities to develop professionally. Building an immigration program into your company culture can improve the experience for every employee on the team.

Strategies for success

• ︎Customizable immigration processes
  • Streamline sponsorship procedures and stay abreast of changing regulations to ensure a smooth transition for both incoming and outgoing immigrant talent.
• Emphasize employee involvement
  • Offer professional development and mentorship and create a sense of belonging to build loyalty and reduce immigrant workers’ desire to look elsewhere.

How Boundless can help

The FTC’s decision creates a dynamic landscape for both employers and immigrant workers. Boundless is uniquely positioned to help companies navigate this changing environment. Our expertise extends beyond traditional immigration services and enables HR teams to develop progressive strategies for attracting and retaining top immigrant talent. We partner with companies to create and implement customized immigration programs that streamline the foreign worker recruitment process and ensure compliance with complex regulations. These programs provide a significant benefit: increased efficiency and reduced risk for HR departments, allowing them to focus on building a strong employer brand and fostering a welcoming environment for immigrant talent.

• Immigration Compliance: Our lawyers and platform ensure seamless processes in this dynamic labor landscape.
• Develop retention strategies: We advise companies on compensation, career paths and positive work environments to keep top employees engaged.
• Flexible Immigration Strategies: We help customers leverage and minimize disruption as employees take advantage of their new mobility.

It comes down to

The FTC’s non-compete ban presents both challenges and opportunities for HR teams in managing immigrant workers. By understanding the impact, prioritizing retention, and embracing diversity, organizations can successfully navigate this new landscape and position themselves to attract and retain the best immigrant talent.