Making Sense Of Immigration Regulations
At David Hirson & Partners, LLP our immigration lawyers offer businesses many significant benefits. First is – obviously – thorough legal analysis. Seeking to bring in talent from overseas is always a wise idea. However, moving forward with a plane without knowing exactly what the visa situation would be is a mistake.
The Role Of Immigration Attorneys In Business
Businesses need to pursue candidates – and visas – that make sense for their slate of business needs. We can help analyze your needs and provide guidance on the right choice. But the work doesn’t stop there. We can also:
- Craft the necessary application
- Ensure all deadlines are met
- Respond to denials quickly
- Manage any appeal process
In short, we can totally manage the legal side of your overseas talent acquisition process and let you focus on finding the right people.
Employer Responsibilities Under Immigration Law
As an entity sponsoring someone’s move to the US, you are responsible for several things. This includes:
- Documents regarding the work eligibility of the candidate: this is a formal application process through the Department of Labor.
- Evidence regarding visa classification: Some visa classifications ask for exceptional ability, and the evidence proves that this can be challenging.
- Documentation to prove the candidate’s self-sufficiency: This could include contract salary and benefits that would keep them off of government assistance.
The exact needs of your business will depend on so many factors, our attorneys will guide you through each step to help you find success.
Frequently Asked Questions
We provide each of our clients with the answers they deserve. These are a few of the questions we get most frequently:
What is I-9 compliance, and why is it important?
I-9 verification is a form that is necessary for all employees hired in the US. It is the “eligibility to work form” and without it a person cannot legally work in the US. For citizens, this is nearly a formality, but for non-citizen workers, improper I-9 verification can lead to failed visa applications and denials of entry. The stakes for employment based immigration could not be higher, when it comes to I-9 compliance.
What are the consequences of not complying with immigration laws?
The consequences for not complying with immigration laws are simple: failure of the petitions and potential deportation of current employees. Depending on your company’s reliance on your overseas talent, this could be an existential problem for your business.
How can an immigration attorney assist in creating a compliance strategy?
Our team of immigration attorneys helps clients by anticipating difficulties and shortfalls in their legal approach to immigration. We understand the law and the timelines, and we can manage these on your behalf. There are frequent changes, updates, and new perspectives in immigration law, and we can keep you on top of all of them to best secure your needs.
How often should businesses review and update their immigration compliance policies?
Many visas require annual renewal, but there are updates to immigration law nearly all year long. Your team should be consistently vigilant, especially if you are reliant on non-citizen workers.
Our team is able to deal with all business immigration issues, including:
- I-9 Compliance Issues
- Working hours and forced absences
- Legal status compliance
- Immigration issues related to reductions in force or layoffs
- Office of Fraud Detection and National Security (FDNS) work Site visits
Wage And Hour Issues
Businesses often run into trouble with the US Department of Labor and USCIS when they need to reduce hours or pay during slowdowns. Any reduction in pay to foreign nationals, even as part of general wage reductions, may put you in violation of immigration law. Other potential areas of immigration violation as they relate to foreign workers include reduction of hours, transferring off-site, and leaves of absence (both voluntary and involuntary).
Notifying USCIS And The DOL Of Cutbacks
In an attempt to prevent migrant workers from being stranded in the US, some visa categories require employers to notify USCIS and the Department of Labor after a foreign national has been terminated. In some cases, the employer may be responsible for providing reasonable costs for return transportation. USCIS has taken the view that some petitions are valid until revoked, which may leave the employer liable for wages to the foreign national even after termination.
Legal issues may also arise if employers terminate American workers while awaiting visa approval for foreign workers they wish to bring into the US to fill similar occupations. In order to address these concerns, both USCIS and the Department of Labor require internal recruitment for positions being offered to foreign nationals.
State and Federal immigration laws impose regulations on employers to verify a prospective employee’s eligibility for lawful employment in the United States. Employers who fail to comply with I-9 compliance regulations. Consequences include fines, worksite raids, damaged reputation, and criminal charges. On the other hand, by attempting to verify the employment eligibility of prospective employees by asking detailed questions about race, citizenship, national origin, or other topics, employers are placing themselves at risk of discrimination lawsuits.
To avoid these pitfalls, the best practice for companies of any size is to design a single verification policy that everyone in your company understands. Then, make sure it is applied equally to all employees.
We Represent Clients Nationwide And Around The World
Contact Us To Learn More
Call David Hirson & Partners, LLP in Costa Mesa, California at 949-441-4003 or our Seattle, Washington, office at 206-926-3973 or contact us by email to arrange a consultation with one of our immigration attorneys today.
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