Below is the English translation of the discussion based on the SHRM article “Why Every Workplace Needs to Document Its Immigration Policy Now”, highlighting key takeaways that Japan should consider in the context of its growing population of foreign workers.

1. Importance of Documenting Immigration Policy: Insights from SHRM

The SHRM article emphasizes the necessity of having a clearly documented workplace immigration policy. The primary reasons include:

  • Compliance Assurance: In the U.S., forms like I-9 are mandatory to verify employment eligibility. Having written procedures helps ensure legal compliance and audit preparedness.
  • Fairness and Transparency: A standardized process fosters equal treatment of all foreign workers, eliminating arbitrary or case-by-case decision-making.
  • Risk Mitigation: Clear documentation enables companies to respond systematically to changes in immigration regulations or sudden inspections (e.g., by ICE in the U.S.).

These principles are not only relevant in the U.S., but offer valuable lessons for Japanese companies as they increasingly hire foreign workers.

2. Key Lessons for Japan

(1) Written Procedures for Immigration Compliance

  • Systematic Documentation: Japanese companies should create clear procedures for verifying residence and work status, similar to I-9 practices. This includes checking residence cards, working permits, and storing records.
  • Expiration Monitoring: Set up internal systems to track the validity of visas and work permits. Reminders and digital tracking can prevent unintentional violations.

(2) Equal Treatment Through Policy Consistency

  • Elimination of Case-by-Case Decisions: By applying the same rules to all foreign hires, companies can avoid accusations of bias or arbitrary decisions.
  • Support for Multicultural Inclusion: A documented policy serves as a baseline for equitable integration, encouraging diverse talent to thrive in the workplace.

(3) Risk Preparedness and Legal Defense

  • Inspection Readiness: Develop a company-wide response protocol for audits or immigration authority visits, including designated personnel and document storage procedures.
  • Government Liaison Systems: Just as SHRM engages with the U.S. Department of Homeland Security, Japanese companies could benefit from closer collaboration with the Immigration Services Agency and labor bureaus.

(4) Human Capital and Global Competitiveness

  • Effective Talent Utilization: SHRM notes that immigrant workers contribute to innovation and economic vitality. In Japan, proper onboarding and legal clarity can unlock similar benefits.
  • Improved Retention and Development: Stability and transparency in immigration policy help build trust, increase job satisfaction, and foster long-term employee engagement.

3. Practical Steps for Japanese Employers

Based on SHRM’s suggestions, Japanese organizations can take the following actions:

Step 1: Foundation Building

  • Create a written immigration policy outlining objectives, responsible departments, and legal obligations.
  • Develop HR-specific guidelines detailing visa checks, status updates, and recordkeeping procedures.

Step 2: Operationalization

  • Integrate visa validity tracking systems within HR tools, using automated alerts for upcoming expiration dates.
  • Implement checklists for hiring, onboarding, and extension processes.

Step 3: Education and Communication

  • Conduct training programs for both foreign employees and Japanese supervisors regarding immigration laws and internal protocols.
  • Establish a consultation desk for foreign workers seeking guidance on visa or legal status.

Step 4: Emergency Response and Auditing

  • Practice mock audits simulating immigration inspections to test internal preparedness.
  • Create an escalation plan for cases involving expired visas or legal discrepancies.

Step 5: Continuous Improvement and Engagement

  • Review and revise policies regularly to reflect changes in laws or company practices.
  • Join industry-wide discussions and collaborate with government or academic institutions for policy refinement, much like SHRM’s A-Team advocacy model.

4. Benefits of Adopting These Measures in Japan

  • Legal Risk Reduction: Written immigration procedures help companies comply with Japanese immigration laws and prepare for audits or investigations.
  • Stronger Employee Retention: A transparent and stable legal environment helps foreign workers feel secure and committed to their employers.
  • Strategic Workforce Planning: A clear immigration policy aligns with broader goals like upskilling, international recruitment, and global competitiveness.

5. Conclusion

As Japan continues to rely more on foreign labor, especially in sectors facing acute shortages, establishing a documented and transparent workplace immigration policy is becoming indispensable. The SHRM article serves as a valuable blueprint.

Employers in Japan should:

  1. Systematize visa-related procedures
  2. Ensure equal and fair treatment of foreign workers
  3. Build internal capacity for legal compliance and emergency response
  4. Regularly update their policies to reflect legal and operational realities

By doing so, companies can both meet legal obligations and unlock the full potential of global human resources. Such efforts are key to maintaining Japan’s economic competitiveness in an increasingly multicultural and mobile global labor market.

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