Immigration in the Workplace

The rules and regulations for hiring foreign-born employees are complex and there is a risk of sanctions and penalties for non-compliance or misrepresentation. Taking extra precautions with foreign-born employees, while not violating discrimination laws requires a thorough understanding of employment and immigration issues.

In the current atmosphere of increased enforcement of immigration laws by government agencies, our employment and immigration lawyers advise companies on properly sponsoring employees for temporary visas and permanent residence and complying with I-9 employment eligibility forms and recordkeeping. We also counsel clients on use of the e-verify program.

Immigration services range from performing internal audits of I-9 forms to reviewing hiring practices and compliance policies. We also counsel clients should a U.S. Immigration and Customs Enforcement (ICE) or Department of Labor (DOL) audit or investigation occur and assist with negotiations and settlement with ICE in audit sanctions.

Employee

• Will the Employee be applying for dependents? (spouse, children)
  • If so, please send copies of passports, I-94, current status document, birth certificates and marriage certificate and English translations

• Copy of Employee’s current passport
• Copy of Employee’s I-94 card and visa
• Copy of all Employee’s previous status documents
  • I-20s, CPT, OPT, H-1B Approval Notices, etc.

• Copy of Employee’s diploma(s) for all college level degree(s)
  • If the degree was obtained from a foreign college or university, the diploma must include a foreign equivalency report. (The cost of this report varies and can be obtained from multiple sources.  We find that Trustforte is both fair in pricing and quick in responding.) 

• Copy of Employee’s resume/C.V.
• Copy of Employee’s last three (3) pay stubs, if previous work in the U.S.
• Employee’s U.S. address
• Employee’s foreign address
• Employee’s social security number
• Does the Employee have a filed or approved I-140 or PERM petition?
  • If so, please send copies of receipt/approval notices

Employer Information

• Copy of letter from the Internal Revenue Service (IRS) confirming the Federal Employer Identification Number (FEIN)
• Copy of company’s legal formation documents
• With the respect to technology of technical data the Employer will release or otherwise provide access to the Employee, the Employer certifies that it has reviewed the Export Administration Regulations (EAR) and the International Traffic in Arms Regulations (ITAR) and has determine that:
  • A license is not required from the U.S. Department of Commerce or the U.S. Department of State to release such technology or technical data to the foreign person
  • A license is required to release such technology or technical data to the Employee

• Job description for Employee’s position including:
  • Detailed list of job duties, Percentage of time dedicated to specific tasks
  • Job title
  • If the job has travel requirements, please explain
  • Minimum U.S. degree and major/field required for the position
  • Is training for job required? If so, how many months and in what field/area?
  • Is prior experience required?  If so, how many months and in what occupation?
  • Expected start date of employment?  Do you intend to employ the individual for as long as immigration law allows?
  • Offered salary or wage
  • Address where intended employment will occur
  • Will the Employee work at multiple sites?

• Copy of Offer Letter
• Copy of Employment Agreement
• Copy of Organizational Chart
• List of all other employees in the same position and copies of their degrees
• Copy of Employer’s job ads showing the degree requirement for this position (if applicable)
• Copy of Relocation Agreement (if applicable)
• How many employees are currently employed by your company?
• How many employees currently hold H-1B status?
• If work will occur offsite, proof that the Employee will be reporting to the Employer (offsite employee handbook, licensed software required on offsite, weekly conference calls, etc.), a statement of work
• Job title(s) of individuals that the prospective employee will directly supervise
• Name, job title, address, phone number, and email address of person who will sign immigration forms on behalf of company