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Immigration Laws and Procedures: What Employers Need to Know

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This presentation explains what employers can do to avoid an I-9 audit. Schedule a legal consultation (by Skype, telephone or in person) at 1. Each person you employ must complete Part 1 of the I-9 on or before their first day of employment. 2. You must complete Part 2 of the I-9 on or before the person's 3rd day of employment. 3. Be sure that the person who completes the I-9 signs and dates the form. 4. Store the I-9 forms together and not in each employee's personnel file. You can store the I-9 forms electronically. 5. Store the I-9 forms of current employees separately from the I-9s of former employees. 6. I-9 forms must be kept for 3 years after a person is hired or 1 year after they quit, retire or are terminated, whichever date is later. For more information, please see our Employers Immigration Guide at – PowerPoint PPT presentation

Number of Views:22
Updated: 27 March 2015
Slides: 28
Provided by: carlshusterman

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Title: Immigration Laws and Procedures: What Employers Need to Know


1
Immigration Laws and Procedures What Employers
Need to Know
  • Carl Shusterman
  • January 2013

2
I-9 Requirement for Employers - Procedure
(Section I)
  • Employers are required to Complete Form I-9 for
    All New Hires
  • Day 1 - Employee Must Complete Top Portion of
    Form
  • I am a
  • (1) Citizen or National of the U.S.
  • (2) Lawful Permanent Resident - A
  • (3) Alien Authorized to Work Until

The Law Offices of Carl Shusterman
3
I-9 Requirement for Employers - Procedure
(Section 2)
  • By Day Three, Employers Must Verify the Workers
    ID and Employment Authorization
  • Worker must present one List A Document (ID and
    Employment Authorization) 
  • or
  • One List B Document (Establishes Identity)
  • and 
  • One List C Document (Establishes Employment
    Authorization)

The Law Offices of Carl Shusterman
4
I-9 Requirements for Employers- Procedure
(Section 3)
  • Updating and Reverification
  • When Work Authorization Document is Extended
  • Name Changes
  • Rehired Employees

The Law Offices of Carl Shusterman
5
Employers Who Try Too Hard
  • Employers Sanctions
  • Anti-Discrimination Laws
  • Document Abuse Laws

The Law Offices of Carl Shusterman
6
New I-9 Form Coming Soon?
  • Proposed Only
  • Would Become a 2-Page Form
  • 6 Pages of Instructions
  • Over 6,000 Comments Received

The Law Offices of Carl Shusterman
7
No-Match Letters
  • Constructive Knowledge?
  • Give Employee Opportunity to Correct
  • Social Security Number Verification Service
    (SSNVS) (800) 772-6270
  • http//www.socialsecurity.gov/employer/noMatchNoti
    ces.htm (Court Injunction)

The Law Offices of Carl Shusterman
8
E-Verify Program A Solution for Employers?
  • Insulation from Liability?
  • Identity Theft?
  • Is E-Verify Ready for Prime Time?

The Law Offices of Carl Shusterman
9
Navigating the Immigration Maze
  • Immigration Clearing the Hurdles
  • Alphabet Soup Government agencies-USCIS, DOL,
    DOS
  • Immigration Forms Big enough to keep me warm
  • Quotas Temporary Permanent Visas

The Law Offices of Carl Shusterman
10
Temporary Business Visas - Part I
  • B-1 Business Visa
  • E-1 Treaty Trader
  • E-2 Treaty Investor
  • E-3 Australian Professional
  • H-1B Professional
  • H-3 Trainee

The Law Offices of Carl Shusterman
11
Temporary Business Visas Part II
  • J-1 Exchange Visitor
  • L-1 Intracompany Transferee
  • O-1 Extraordinary Ability
  • P-1 Performers and Athletes
  • R-1 Religious Worker
  • TN Occupations

The Law Offices of Carl Shusterman
12
H-1B ProfessionalsBasic Qualifications
  • Possession of University Degree
  • Job Requires University Degree
  • Prevailing Wage
  • Dual Intent

The Law Offices of Carl Shusterman
13
H-1B Professionals - Limitations
  • Annual Numerical Caps - 65K and 20K
  • 6,800 H-1Bs for Citizens of Singapore and Chile
  • Exemptions from Cap
  • Maximum Duration 6 years
  • Exemptions from Maximum Duration
  • No work permits for H-4 Spouses and Kids

The Law Offices of Carl Shusterman
14
J 1 Exchange Visitors
  • Includes Trainees
  • Two-Year Home Residency Requirement for Some
  • Waivers from Two-Year Requirement
  • Work Permits for J-2 Spouses
  • No Dual Intent

The Law Offices of Carl Shusterman
15
L-1A Intracompany Managers and Executives
  • Must be Employed Abroad for 1 Year
  • In Same Capacity
  • For Same Company
  • Or for Parent, Subsidiary or Affiliate

The Law Offices of Carl Shusterman
16
L-1A Benefits and Limitations
  • No Numerical Cap
  • No Prevailing Wage Requirement
  • Maximum Duration 7 Years
  • Work Permits for L-2 Spouses
  • Easy Transition to Permanent Residence
  • Blanket Petitions
  • Dual Intent

The Law Offices of Carl Shusterman
17
L-1B Specialized Knowledge Workers
  • Must be Employed Abroad for 1 Year
  • In Same Capacity
  • For Same Company
  • Or for Parent, Subsidiary or Affiliate

The Law Offices of Carl Shusterman
18
L-1B Benefits and Limitations
  • No Numerical Cap
  • No Prevailing Wage Requirement
  • Maximum Duration 5 Years
  • Work Permits for L-2 Spouses
  • Requires PERM for Permanent Residence
  • Dual Intent

The Law Offices of Carl Shusterman
19
O-1 Extraordinary Ability Visas
  • For Those Who Have Risen to Top of Field
  • No Numerical Cap
  • No Prevailing Wage Requirement
  • No Maximum Duration
  • Initially for 3 Years
  • No Work Permits for Spouses

The Law Offices of Carl Shusterman
20
TN (Trade NAFTA)
  • Extensions Required Every Three Years
  • Canadians are Visa Exempt
  • No Dual Intent
  • No Work Permits for Spouses
  • For Canadian and Mexican citizens only
  • 60 Occupations Mostly Professionals
  • No Numerical Cap or Maximum Duration

The Law Offices of Carl Shusterman
21
How to Obtain Permanent Residence
  • Employment
  • Relatives
  • Visa Lottery
  • Investment
  • Asylum

The Law Offices of Carl Shusterman
22
Priority Workers (EB-1)
  • Persons of Extraordinary Ability
  • Outstanding Professors and Researchers
  • Multinational Managers and Executives

The Law Offices of Carl Shusterman
23
Persons with Advanced Degrees or Exceptional
Ability (EB-2)
  • M.D., J.D., Ph.D, Masters or Bachelors Plus Five
    Years
  • PERM Requirement Recruiting for U.S. Workers
  • National Interest Waivers For Physicians
  • National Interest Waivers For Others

The Law Offices of Carl Shusterman
24
Professional and Skilled Workers (EB-3)
  • Persons whose jobs Require a 4 year Degree
  • Persons whose jobs Require 2 years of Experience
  • PERM Requirement Recruiting U.S. Workers

The Law Offices of Carl Shusterman
25
Green Cards through Employment Procedure
  • Demonstrate that there are No Qualified U.S.
    Workers for Position
  • Prevailing Wage Requirement
  • Advertisements in Print Media, Internet, Job
    Fairs, etc.

The Law Offices of Carl Shusterman
26
Green Cards through Employment Waiting Times
  • Annual Numerical Cap 140,000 including Spouses
    and Children
  • Visa Bulletin Published Monthly by State
    Department
  • Per-Country Limitations - 7 Requirement
  • Countries with Significant Backlogs
  • Grounds of Inadmissibility

The Law Offices of Carl Shusterman
27
How to Obtain Additional Information and Stay
Updated
  • Immigration Laws, Regulations Procedures are
    Ever Changing
  • Our Website www.shusterman.com
  • Contains Employers Immigration Guide
  • U.S. Immigration Daily News Ticker
  • Free, Monthly E-mail Newsletter 60,000
    Subscribers

The Law Offices of Carl Shusterman
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