The process of hiring foreign workers is complicated and time-consuming thus many employers find it necessary to have a dedicated staff with expertise in making strategic decisions regarding hiring foreign nationals. The immigration function is typically housed in various departments at different organizations but most commonly within the HR department. With proper planning and follow [...]
On April 1, 2014 the U.S. Citizenship and Immigration Services (USCIS) will start accepting applications for one of the most popular U.S. work visas, H-1B, for fiscal year (FY) 2015. Our intelligence and past experience suggest that this year's H-1B cap season will be very short -- five business days. Our office is already [...]
The start of the new year is a perfect time to assess corporate compliance with U.S. immigration laws. As Immigration and Customs Enforcement (“ICE”) and the Department of Labor (“DOL”) increase the number of company audits and fines each year, it is important for employers to perform annual audits of their employment law and immigration [...]
The Immigration and Customs Enforcement’s (ICE) pursuit of employers who violate federal immigration compliance laws is expected to be moving full speed ahead in 2014, and in some instances accelerating in comparison to prior years. As a result of both substantially increased funding for enforcement actions and an outcome of the public debate about illegal [...]
Are you looking to replace your error-prone I-9 paper process with an electronic system in 2014? Companies that are considering transitioning to electronic I-9s should be aware that there are significant issues related to legal liability, security, functionality, and cost. There are benefits and disadvantages to both approaches. Some advantages of using electronic I-9 [...]
The large Indian technology company Infosys has agreed to pay $34 million in a civil settlement after federal prosecutors in Texas alleged it had committed "systemic visa fraud and abuse" when bringing temporary workers to the U.S. on H-1B and B-1 visas. This kind of settlement is the largest ever in a visa case and [...]
Recently published cases appear to demonstrate a distinct trend at the Office of the Chief Administrative Hearing Officer (“OCAHO”)* in drastically reducing ICE's penalty assessments, particularly when the employer is a small business and acted in good faith. One commonality we see in decisions is the consistent cite to, "Penalties approaching the maximum permissible should [...]
USCIS has just released new Reports on the E- Verify Program that focused on the accuracy of the program, employer opinions, employer and employee experiences in Arizona after state legislative mandates went into effect, and E-Verify Employer Agent (EEAs). The overall results from each of the studies show that the E-Verify users have confidence in [...]
Immigration related compliance is an increasing concern for U.S. employers, who are often caught between two federal agencies with opposing interests: ensuring that all workers are authorized for employment in the U.S. and protecting those who are lawfully here from discrimination. The Immigration Reform and Control Act of 1986 (“IRCA”) requires all employers to fill [...]
In light of aggressive government enforcement actions, employers and human resources professionals need to have a firm understanding of their roles and responsibilities regarding the employment of H-1B workers, the PERM Labor Certification process, and what do to in the event of a surprise government workplace site-visit. This FREE webinar details the employer’s responsibilities regarding [...]