immigration laws and procedures: what employers need to know

Immigration Laws and Procedures:

What Employers Need to Know

Carl Shusterman

Immigration AttorneyAugust 26, 2013

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…

The Law Offices of Carl Shusterman

I-9 Requirement for Employers -

Procedure (Section 2)

• By Day Three, Employers Must Verify the Worker’s 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)


I-9 Requirements for Employers-

Procedure (Section 3)

• Updating and Reverification

• When Work Authorization

Document is Extended

• Name Changes

• Rehired Employees


Automated I-94

Arrival-Departure Cards

• I-94 Forms are No Longer Issued at Airports

and Seaports

• However, I-94 Forms May be Printed out and

Used for I-9 Purposes

• See www.cbp.gov/I94

Employers Who Try Too Hard

• Employers Sanctions

• Anti-Discrimination

Laws

• Document Abuse

Laws


New I-9 Form

• Mandatory Since May 8

• 2-Page Form

• 70-Page Handbook

• Employees Who Put E-

Mail Address on I-9 Will

be Notified of TNC


Mandatory E-Verify Program

in Proposed New Law

• Insulation from Liability?

• Identity Theft?

• Is E-Verify Ready for Prime Time?

• CIR Bill: Mandatory E-Verify


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


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


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


H-1B Professionals

Basic Qualifications

• Possession of University Degree

• Job Requires University Degree

• Prevailing Wage

• Dual Intent


H-1B Professionals - Limitations

• Annual Numerical Caps - 65K and 20K

• Cap Reached in 1st Week

• CIR Bill Would Raise Cap to 110K, 180K

• Exemptions from Cap

• Maximum Duration – 6 years

• Exemptions to Maximum Duration


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 – CIR Bill

Would Change This


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


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


L-1B Specialized Knowledge

Workers

• Must be Employed Abroad for 1 Year

• In Same Capacity

• For Same Company

• Or for Parent, Subsidiary or Affiliate


L-1B Benefits and Limitations


• No Prevailing Wage

Requirement

• Maximum Duration – 5

Years

• Work Permits for L-2

Spouses

• Requires PERM for

Permanent Residence

• Dual Intent


O-1 Extraordinary Ability Visas

• For Those Who Have Risen to

Top of Field


• No Prevailing Wage Requirement

• No Maximum Duration

• Initially for 3 Years

• No Work Permits for Spouses


TN (Trade NAFTA)

• For Canadian and

Mexican Citizens

Only

• 60+ Occupations –

Mostly Professionals

• No Numerical Cap or

Maximum Duration

• Extensions Required Every

Three Years

• Canadians are Visa – Exempt

• No Dual Intent

• No Work Permits for Spouses


How to Obtain

Permanent Residence

• Employment

• Relatives

• Visa Lottery

• Investment

• Asylum


Priority Workers (EB-1)

• Persons of Extraordinary Ability

• Outstanding Professors and Researchers

• Multinational Managers and Executives

• CIR Bill Would Exempt EB-1s from Numerical Cap


Persons with Advanced Degrees

or Exceptional Ability (EB-2)

• M.D., J.D., Ph.D, M.S or Bachelors Plus 5

Years

• PERM – Recruiting for U.S. Workers

• National Interest Waivers (NIWs)

* CIR Bill Would Exempt Physicians With NIWs

from Numerical Caps


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


Green Cards through

Employment PERM Procedure

• Demonstrate That There

are No Qualified U.S.

Workers for Position

• Prevailing Wage

Requirement

• Advertisements in Print

Media, Internet, Job Fairs,

etc.


Green Cards through

Employment – Waiting Times

• Annual Numerical Cap – 140,000 Including Spouses and Children

• Visa Bulletin – Published Monthly by State Department

• Per-Country Quotas - 7% Requirement

• CIR Bill Would Increase EB Immigration by 50% and Abolish Per-Country Quotas


How to Stay Updated

• Immigration Laws, Regulations and Procedures are Ever Changing

• Our Websites – www.shusterman.com(English)

• www.inmigracion-abogado.com(Spanish)

• Social Media (FB, TW, YT, LI, G+)

• Free, Monthly E-mail Newsletter –60,000+ Subscribers


http://www.shusterman.com/

http://www.inmigracion-abogado.com/

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