ANNOUNCEMENT
Immigration Compliance Group Introduces New Employer Compliance Practice
Immigration Compliance Group is pleased to announce its new package of Employer Compliance Solutions and Services
Why wait until --
- The government notifies your company that it is to produce all of its I-9 forms and related documents for audit …
- Or, the government notifies your company that it is to produce all of its H-1B public access files and related documents for audit …
- Or, your company receives a Social Security No-Match Letter,
Consider the following:
Hiring managers and human resource professionals know the value of degreed skilled worker foreign nationals, especially in the science, technology, engineering and healthcare occupations. As the workforce becomes more global in scope, employers are increasingly learning that it is essential to understand and effectively adhere to immigration compliance laws and regulations.
The trend toward increased scrutiny of immigration employment practices will likely continue in the foreseeable future. So for now, it’s imperative that employers place their attention on several important areas that require knowledge, training and compliance:
I-9 Employment Eligibility Verification Form. The mechanism for employment verification compliance is the I-9 Employment Verification Form which every worker must complete on the day of hire or earlier.
The employee must complete the first section of the I-9 form and must provide the required supporting documents within three days of the date of hire. If the documents are not presented by that point, the employee must be removed from the payroll (though it is permissible to suspend the worker rather than terminating the worker all together).
SSN No-Match Letters. A Social Security “no-match letter” is a notice sent by the Social Security Administration (“SSA”) to employers and employees to inform them that the employee name or Social Security number listed on an employee’s W-2 does not match the SSA records.
The no-match letter is not a notice that the employer or employee has done anything wrong. SSA mismatches may have many root causes, including failure to inform the SSA that a name change has occurred, typographical errors, an error within the SSA database, and individuals who present false social security numbers or use another person’s social security number when completing hiring paperwork.
E-Verify. E-Verify is an Internet-based system operated by the DHS in partnership with the SSA that allows participating employers to electronically verify the employment eligibility of their newly hired employees. E-Verify virtually eliminates SSA mismatch letters, improves the accuracy of wage and tax reporting, protects jobs for authorized U.S. workers, and helps U.S. employers maintain a legal workforce. E-Verify is free and voluntary and is the best means available for determining employment eligibility of new hires and the validity of their Social Security Numbers.
H-1B / LCA Compliance. The American Competitiveness and Workforce Improvement Act (“ACWIA”) requires all employers that employ foreign workers in H-1B nonimmigrant visa status, to post an approved Labor Condition Application (“LCA”) for ten days in two “conspicuous” locations at the worksite where the H-1B worker will be employed. The employer must attest that the wage offered to the applicant is at least as high as that paid by the employer to current employees for the same type of job, and the number equals or exceeds the prevailing wage for the job in the same geographical area; that working conditions will not adversely affect those workers similarly employed; that there is no strike or lockout at the employer's premises; and that the notice of the LCA has been given to current employees.
Additionally, employers which employ foreign workers in H-1B nonimmigrant visa status are also required to maintain a “public access file” containing certain information regarding the employee’s wages and the employer’s compliance with the LCA. Maintaining a public access file is an integral part of complying with H-1B laws.
Pre-Merger & Acquisition Due Diligence. While a closing may be a cause for celebration at a company, it can also be the cause of a nightmare for a company since it can instantly render all completed
I-9s for an acquired company invalid. If the acquiring company does not assume all the assets and liabilities, then the I-9s will likely not transfer.
In a merger case where the acquiring entity is a successor-in-interest, new I-9s will not be needed. However, I-9s should be checked in the due diligence process to ensure the acquired I-9s are in good shape.
Employers should consider adding I-9s to a merger checklist and have all employees of the combined company complete I-9 forms on the day of closing or beforehand.
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Immigration Compliance Group works proactively with its clients to provide comprehensive assistance in developing and maintaining best practices necessary to assure compliance with USCIS, SSA and DOL regulations.
Employer compliance is becoming more complex and enforcement (investigations and audits) is increasing. In order to effectively deal with these issues and avoid the very severe consequences for non-compliance, employers must take the time to develop a strategy and be prepared in advance with an Immigration Compliance Program.
Immigration Compliance Group will customize such a program for you and will provide onsite or telephonic training, consulting, and document auditing in all of the areas mentioned above, as well as provide ongoing compliance updates. For more information on our services, please contact us at info@immigrationcompliancegroup.com
In This Issue
Article One - Election 2008 - Immigration Reform or More of the Same?
Article Five - “In Focus” for HR Professionals: “Are You a Change Agent?”
Election 2008 - Immigration Reform or More of the Same?
By Thomas J. Joy, Esq.
The national elections in November 2008 will result in a new President. In addition, all of the seats in the House of Representatives and one-third of the seats in the Senate will be contested. The focus is understandably on the race for President. However, the elections in the House of Representatives and the Senate are just as important, if not more so, when considering the controversial issue of immigration. As a general constitutional principle, neither the President nor the Congress can create new laws on their own. Each needs the other in order for new laws involving controversial issues to be enacted.
At first glance on the major immigration issues being debated in the election, Barack Obama, the candidate of the Democratic Party, and John McCain, the candidate of the Republican Party, would seem to agree. Both support securing the borders of the United States from illegal immigration. Both support bringing the illegal immigrants already in the United States out of the shadows and into the mainstream. Both support the implementation of an electronic employment eligibility verification system and enforcement against employers who hire illegal workers. Both support reform of the immigration system to fill needed jobs in the United States while at the same time protecting the American labor market. Finally, both support the need to reunite families.
Upon closer inspection, however, one can clearly see major differences in degree in their positions on the various issues. Their political party affiliation has a major influence on how serious and committed they can and will be on the issues. As members of the Senate, both supported the failed comprehensive immigration reform efforts in the recent past. John McCain, however, has alienated the conservatives within the Republican Party for having co-sponsored a comprehensive immigration reform law with leading Democratic Party liberal Senator Edward Kennedy.
As a result of the conflict within his own party, John McCain has moved more to a “secure the borders first” position and away from a strong position on comprehensive immigration reform. On the other hand, Barack Obama, while articulating a strong support for comprehensive immigration reform, must deal with a key group of conservative Democrats who tend to vote with the enforcement oriented Republicans on immigration issues. At the far end of the Democratic Party spectrum are those few who want to focus only on legalization (otherwise called amnesty by some). At the far end of the Republican spectrum are those few who want to change the 14th Amendment of the Constitution to deny United States citizenship to children born in the United States to illegal alien parents.
Meanwhile, there is presently proposed bipartisan legislation pending in Congress to increase the quotas for employment based immigrants and also to provide more immigrant visas in the healthcare industry. If these proposed laws do not become law this year, they will almost certainly be reintroduced early in 2009 when the new President and Congress take office.
In summary, we must take a wait and see position concerning how successfully the new President will be able to bring together the different factions in his own party and work together with the other party to structure and pass a comprehensive immigration law.
2. H-1Bs Requiring Professional Licensing
In casework where H1B petitions involve positions with professional licensing requirements and there is a temporary license, the H1B approval cannot extend beyond the validity of the license. It has been brought to our attention that problems have arisen in instances involving permanent licenses that do not have expiration dates. In such cases, CA Service Center (CSC) has only issued H1B petition approvals in one-year increments in such cases. To avoid this situation and the need to file annual H1B extensions, the CSC recommends including proof that the license is permanent when filing the H1B petition. Suggested, as acceptable evidence is a letter from the licensing entity, verifying that the license is permanent.
3. Student and Exchange Visitor Update from DOS
DOS Bureau of Consular Affairs recently released a cable to all consular posts setting forth guidelines for expediting F, M and J visa applications, with priority to be given to first time applicants. The cable additionally reminds the posts about required visa annotations.
To read more details of the update:
Read this from the Travel Department
4. News Bytes
Nation’s Most Improved 100 Hospitals: Hospitals that show continued improvements in patient care are being applauded for their efforts in the 5th edition of the Thomson Reuters 100 Top Hospitals: Performance Improvement Leaders.
The U.S. Department of Homeland Security (DHS) recently designated certain major events – including the national conventions and the presidential inauguration as National Special Security Events (NSSEs).
The USCIS is informing the public that the new U.S. Passport Card may be used in the Employment Eligibility Verification form (I-9) process.
The National Visa Center (NVC) has just announced that it has begun accepting on-line immigrant visa bill fee payments that will help expedite the process.
5. “In Focus” for HR Professionals: “Are You a Change Agent?”
Consultant Dave Ulrich recently offered advice on three principles HRs can implement to deliver the change organizations need to stay current in today’s business world.
A recent executive said that a business that took 50 years to grow could be lost in two if they do not adapt to change. Individuals, teams and organizations that change will succeed; and those who fail to change – will be unable to catch up.
Principle 1: Make the Unspeakable Speakable.
Those who have been in a relationship for a long period of time know that without candid conversation, the parties turn away from each other. The drift soon becomes too big to close, and the relationship fades away. To build a successful relationship, caring partners need to turn toward each other, which means they need to talk. They need to find ways to talk about things they do not want to talk about – they need to make the unspeakable speakable.
Principle 2: Turn what we know into what we do.
The challenges of personal change is not discovering a secret of what to do, but learning the discipline of doing it. Knowing what to do is actually much easier than actually doing it. In managing change in organizations, most leaders can list within two minutes – almost 10 keys to successful change.
Principle 3: Make change a pattern, not an event.
In organizations, HR professionals can help make change a way of life by seeing that it becomes assimilated into how work is done. Change happens naturally and continuously during all work activities – not in one single meeting or review. HR professionals need to encourage the team to constantly learn, unlearn, improve and accept the inevitability of change.
For more information on each principle:
Read this article from WorkForce.com
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In closing, we’d like to take the opportunity to say “thank you” to our readership. We’re here because of you ….so let this be your forum, too. What would you like to know more about that would make the decisions you face on a daily basis easier? Let us hear from you: info@immigrationcompliancegroup.com
