Employer Immigration Compliance
VisaPro Law Firm Offers US Immigration Services
in the Following Areas:
VisaPro attorneys advise and train U.S. employers and HR managers on Regulatory Compliance planning and strategy. Our attorneys also advise employers and foreign nationals about compliance with immigration laws.
I-9 Employment Eligibility Verification
Federal law prohibits employers from knowingly hiring or continuing to employ individuals who are not authorized to work in the United States. According to the Immigration Reform and Control Act of 1986, all employers must require that newly hired employees present “facially valid” documentation that verifies their identity and authorization to accept employment in the United States. The I-9, Employment Eligibility Verification Form was created by the federal government for just this purpose. All employers must ensure that all individuals hired after November 6, 1986 have completed a Form I-9.
The VisaPro Law Firm can provide employers with a full suite of services aimed at assisting with all Form I-9 compliance requirements. Our services include training employees in proper preparation and maintenance of Form I-9 records and developing a comprehensive set of policies and guidelines for the employee verification process. In addition to having access to VisaPro attorneys who have specialized expertise in I-9 compliance, we can also provide periodic audits of your employee records and compliance procedures to identify problems and make corrections.
In conjunction with the Form I-9, U.S. Department of Homeland Security, specifically Immigration and Customs Enforcement (ICE) have steadily increased worksite enforcement efforts by focusing not only on those who are illegally working in the U.S. but targeting employers who may be knowingly employing these individuals. However, along with employers who knowingly employ illegal aliens, many other employers are also being investigated and are being fined for I-9 violations.
The VisaPro Law Firm can not only provide employers with comprehensive and ongoing training for employees who normally conduct the I-9 verification process, but we can also conduct audits of employee records and compliance procedures to identify problems and recommend corrections. VisaPro can also work with employers in developing strategies, policies and guidelines for the employee verification process.
E-Verify is a completely free, internet-based records verification system that is operated by USCIS in conjunction with the Social Security Administration. The system is intended to allow employers to verify the employment authorization of employees. Employers must input the information provided by the employee on the Form I-9 and E-Verify will check this information electronically against records already contained in DHS and SSA databases. While E-Verify is currently voluntary, it is mandatory for certain federal contractors. Also, F-1 students who have science, technology, engineering, and mathematics (STEM) degrees can only receive a 17-month extension of their optional practical training (OPT) if their employer is registered with E-Verify.
Contact VisaPro to discuss whether or not registering for E-Verify is recommended for your company. VisaPro immigration attorneys can also assist employers with completing the online enrollment process and understanding responsibilities in the “Memorandum of Understanding”.
Corporate Immigration Compliance
U.S. employers face very unique employee issues in the event that their business is restructured, or events like a merger or acquisition take place. This is most especially true in the immigration context. Amendments may need to be filed for workers on various types of non-immigrant visas. New petitions or labor certifications may need to be filed for employees who are already in the immigrant visa process. Furthermore, I-9 Compliance Files may need to be audited, reviewed, merged or expunged. It is important that employers contact VisaPro before a merger, acquisition or restructuring takes place so that our attorneys can guide you through the entire process. Once a restructuring has taken place, VisaPro will ensure that the employer remains compliant with all applicable federal and state laws.