Making Sense Of Immigration Regulations
David Hirson & Partners, LLP is committed to helping you avoid any problems with US immigration laws.
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 U.S. 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 to off-site, 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 U.S. 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, 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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