Immigration

Immigration enforcement is one of the government’s top priorities and its best means of enforcement is through employer audits. Employers should be aware that these audits can be triggered by something as simple as an anonymous tip to a governmental tip line and, therefore, can happen to any business. Although immigration reform may be on the horizon, government enforcement agencies are increasing in size, capacity, and resources and employer audits will not stop. 

The law requires all employers to complete a Form I-9 for every employee hired after November 6, 1986 who will be working in the United States. For employers who elect or who are required to participate in E-verify, there is no room for error in this process.  The fines and penalties for non-compliance with the procedures of the Form I-9 or E-verify can be significant. Review of your company’s immigration procedures is an imperative preventative measure to avoid costly penalties. 

Our immigration attorneys are well-versed in immigration compliance and worksite enforcement issues including the following: 

Immigration Services

• Procedures for proper completion of the Form I-9
• Procedures for employment verification through E-verify
• I-9 audits to ensure workplace compliance with the Form I-9 and E-verify
• Analysis of current business policies and procedures for I-9 verification and internal I-9 audits
• Training and Best Practices for immigration compliance
• Response and action plan for Notice of Inspection (NOI) from DHS, ICE or DOL
• Response and action plan for investigation by US Office of Special Counsel for Immigration Related Unfair Employment Practices
• Defense of charge of discrimination relating to immigration status under state and federal laws
• Review and audit of H-1B public access files

In addition, our immigration attorneys assist in matters of employment-based immigration case management and worker VISAs, including: 

• H-1B
• L-1A
• L-1B
• L-1 Blanket
• E-1/E-2
• Treaty NAFTA (TN)
• B-1/B-2
• F-1
• J-1 Students
• Researchers and Trainees
• Green Card Process
• Labor Certification (PERM)
• I-140 (EB-1, EB-1a, EB-2, and EB-3)

Other areas served include marriage and family based Adjustment of Status applications, including Advance Parole and Employment Authorization, and Naturalization.

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Labor & Employment Law Update: www.laborandemploymentlawupdate.com

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