Employment Immigration Lawyers

Legal Solutions For Your Business's Worksite Compliance

Find the workers you need and avoid worksite non-compliance issues, penalties, and fines after a government audit. Immigration attorneys prevent violations down the road and offer solutions to make your workplace compliant with US immigration laws.

Employee Visas Post Mergers & Acquisitions

Without proper guidance during a merger or acquisition, employers might not consider how an employee’s immigration status might have changed during a transaction. Oversights could result in the loss of skilled workers and potential violations.

A business immigration lawyer can assess your new merger to discover your immigration needs and develop the best course of action. They will also inform you of the issues related to corporate restructuring and the consequences that may follow.

What Happens to an Employee’s Immigration Status after Corporate Restructuring?

An employee’s immigration status could be affected after corporate restructuring. Employees are generally only allowed to maintain their L-1 status if the successor company remains a part of a multinational group. Additionally, the company must maintain a related business outside of the U.S. This might include a branch of a parent company, a parent company, an affiliate company, or a subsidiary.

LCA / Public Access File Compliance

A “public access file” must be retained for each employee in H-1B status. Employers need to set up the public access file for the candidate, and they must retain a copy of the required records for one year starting on the last day that any H-1B visa holder is employed.

A work visa attorney ensures that public access files are filed correctly and helps you avoid Department of Labor investigations, civil and administrative penalties, payment of back wages, and disbarment from key immigration programs.

What Records Should Be Kept in a Public Access File?

H-1B employers are legally required to make certain materials and records public within one business day of filing the LCA form with the Department of Labor. These records and materials include:

• The LCA
• The H–1B worker’s pay rate
• The source of the wage rate
• A description of the company’s wage system
• The successor entity’s employer identification number
• A list of the H–1B workers that were transferred to a company’s successor entity
• Affected LCA numbers
• The date of corporate change
• A notarized statement from successor entities accepting the predecessor liabilities
• A summary of benefits extended to not only H–1B workers, but U.S. workers as well
• A list of other entities that may be included as a “single employer”
• A description of the employer’s recruitment methods
• A list of any exempt H–1B nonimmigrant workers

Help with E-Verify

E-Verify is a free, Internet-based program operated by the U.S. federal government. The program compares an employee’s Form I-9 to U.S. government records. If the information matches, that employee can work in the United States.

If there’s a difference, E-Verify alerts the employer, and the employee is allowed to work while they resolve the problem within eight days. The E-Verify program is voluntary for employers; however, enrollment is mandatory under certain circumstances. An experienced business immigration lawyer helps you avoid costly mistakes and guides you through the process.

How Do I E-Verify?

The E-Verify verification process includes the following:

1. Creating a case – Information from an employee’s I-9 is used to create a case in the E-Verify system.
2. Obtaining results – The E-Verify system will display results in seconds.
3. Closing the case – Employers can close the case once the final result is displayed.

I-9 Immigration Compliance

All U.S. employers must complete an I-9 form every time they hire a new employee, regardless of whether the new hire is a citizen or non-citizen. Likewise, all employees must complete an I-9 form. This form verifies the identity and authorization of employees. An attorney informs you of your legal obligations and ensures you complete your form correctly.

What Is an I-9, and How is Eligibility Verified?

This form verifies the identity and authorization of employees. An employment immigration attorney informs you of your legal obligations and ensures you complete your form correctly. Eligibility is verified using the U.S. federal government’s E-Verify system.

ICE IMAGE Program Compliance

The Mutual Agreement between Government and Employers (IMAGE) program was established to keep undocumented noncitizens from unlawfully acquiring jobs in the United States. This program educates employers on proper hiring procedures to prevent unauthorized employment. We’ll inform you of the many requirements for those seeking certification in IMAGE and make sure you know what to expect.

What Is the IMAGE Program, and What Are its Requirements?

The IMAGE program is overseen by the Homeland Security Investigation (HSI). Companies that voluntarily participate in the IMAGE program reduce the risk of unauthorized employment and potential use of identity theft and fraud in the workplace.

Participation in the IMAGE programs signifies that a company values immigration compliance laws. Those who opt to participate will receive an IMAGE certification upon completing the membership requirements.

Businesses hoping to secure their IMAGE certification must:

• Agree to a form I-9 inspection
• Complete the Statement of Interest and IMAGE Self-Assessment Questionnaire
• Establish formal employment and hiring eligibility verification procedures
• Within 60 days, enroll in the E-Verify program
• Agree to an internal form I-9 audit annually
• Commit to DHS’s best employment practices
• Sign an official IMAGE membership agreement with the HSI

What Are Non-Compliance Consequences, and How Can a Lawyer Help?

The consequences of noncompliance can have a significant impact on a business. Some businesses risk being barred from the visa program for a maximum of five years. Depending on the circumstances of your case, you could also face sanctions or even jail time if you are accused of committing immigration fraud.