Immigration Compliance Issues

I-9 Employment Verification. United States employers are required to verify work eligibility of all workers and to keep related records. This includes implementing and using a work-authorization verification system using the I-9 Employment Eligibility Verification Form. Failure to fully comply with these regulations can result in employer sanctions. We help employers implement and maintain I 9 compliance programs.

H-1B Public Access Files. Employers of H 1B workers are required to post a notice at the time of hiring the foreign worker and to maintain a "public access file" until one year beyond the validity of the H 1B petition (or one year after termination of employment, if sooner). The main purpose of these requirements is to ensure that H 1B workers are offered the same (or higher) wages and benefits as U.S. workers and that hiring of H-1B workers does not have an adverse impact on the wages and working conditions of U.S workers similarly employed.

Immigration Issues Arising Out of Mergers, Acquisitions, and Layoffs. Mergers and acquisitions (including stock purchase and asset purchase transactions) often have significant immigration consequences. If the transaction results in a change in the foreign worker's employer, a new visa petition may have to be filed (there are exceptions if the new employer qualifies as a "successor"). Layoffs also can have important immigration consequences, especially in the case of H-1B workers (immigration rules generally prohibit "benching" of H-1B workers and require employers to guaranty return transportation to the home country for H 1B workers who are terminated prior to the expiration of the validity period of the H 1B petition).

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