Immigration Laws and Procedures: What Employers Need to Know

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Immigration Laws and Procedures What Employers
Need to Know

• Carl Shusterman
• January 2013

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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

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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)

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I-9 Requirements for Employers- Procedure
(Section 3)

• Updating and Reverification
• When Work Authorization Document is Extended
• Name Changes
• Rehired Employees

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Employers Who Try Too Hard

• Employers Sanctions
• Anti-Discrimination Laws
• Document Abuse Laws

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New I-9 Form Coming Soon?

• Proposed Only
• Would Become a 2-Page Form
• 6 Pages of Instructions
• Over 6,000 Comments Received

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No-Match Letters

• Constructive Knowledge?
• Give Employee Opportunity to Correct
• Social Security Number Verification Service
  (SSNVS) [phone]
• http//www.socialsecurity.gov/employer/noMatchNoti
  ces.htm (Court Injunction)

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E-Verify Program A Solution for Employers?

• Insulation from Liability?
• Identity Theft?
• Is E-Verify Ready for Prime Time?

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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

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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

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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

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H-1B ProfessionalsBasic Qualifications

• Possession of University Degree
• Job Requires University Degree
• Prevailing Wage
• Dual Intent

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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

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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

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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

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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

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L-1B Specialized Knowledge Workers

• Must be Employed Abroad for 1 Year
• In Same Capacity
• For Same Company
• Or for Parent, Subsidiary or Affiliate

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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

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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

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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

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How to Obtain Permanent Residence

• Employment
• Relatives
• Visa Lottery
• Investment
• Asylum

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Priority Workers (EB-1)

• Persons of Extraordinary Ability
• Outstanding Professors and Researchers
• Multinational Managers and Executives

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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

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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

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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.

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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

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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

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