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Immigration Laws and Procedures: What Employers Need to Know

http://www.shusterman.com This presentation explains what employers can do to avoid an I-9 audit. Schedule a legal consultation (by Skype, telephone or in person) at http://shusterman.com/schedule-immigration-consultation.html 1. Each person you employ must complete Part 1 of the I-9 on or before their first day of employment. 2. You must complete Part 2 of the I-9 on or before the person's 3rd day of employment. 3. Be sure that the person who completes the I-9 signs and dates the form. 4. Store the I-9 forms together and not in each employee's personnel file. You can store the I-9 forms electronically. 5. Store the I-9 forms of current employees separately from the I-9s of former employees. 6. I-9 forms must be kept for 3 years after a person is hired or 1 year after they quit, retire or are terminated, whichever date is later. For more information, please see our Employers Immigration Guide at http://shusterman.com/employersimmigrationguide.html

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Immigration Laws and Procedures: What Employers Need to Know

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  1. Immigration Laws and Procedures: What Employers Need to Know Carl Shusterman January 2013

  2. 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

  3. 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) The Law Offices of Carl Shusterman

  4. I-9 Requirements for Employers- Procedure (Section 3) Updating and Reverification When Work Authorization Document is Extended Name Changes Rehired Employees The Law Offices of Carl Shusterman

  5. Employers Who Try Too Hard • Employers Sanctions • Anti-Discrimination Laws • Document Abuse Laws The Law Offices of Carl Shusterman

  6. New I-9 Form – Coming Soon? The Law Offices of Carl Shusterman • Proposed Only • Would Become a 2-Page Form • 6 Pages of Instructions • Over 6,000 Comments Received

  7. No-Match Letters Constructive Knowledge? Give Employee Opportunity to Correct Social Security Number Verification Service (SSNVS) (800) 772-6270 http://www.socialsecurity.gov/employer/noMatchNotices.htm (Court Injunction) The Law Offices of Carl Shusterman

  8. E-Verify Program A Solution for Employers? Insulation from Liability? Identity Theft? Is E-Verify Ready for Prime Time? The Law Offices of Carl Shusterman

  9. 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 The Law Offices of Carl Shusterman

  10. 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 The Law Offices of Carl Shusterman

  11. 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 The Law Offices of Carl Shusterman

  12. H-1B ProfessionalsBasic Qualifications Possession of University Degree Job Requires University Degree Prevailing Wage Dual Intent The Law Offices of Carl Shusterman

  13. H-1B Professionals - Limitations Annual Numerical Caps - 65K and 20K 6,800 H-1B’s 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 The Law Offices of Carl Shusterman

  14. 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 The Law Offices of Carl Shusterman

  15. 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 The Law Offices of Carl Shusterman

  16. 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 The Law Offices of Carl Shusterman

  17. L-1B Specialized Knowledge Workers Must be Employed Abroad for 1 Year In Same Capacity For Same Company Or for Parent, Subsidiary or Affiliate The Law Offices of Carl Shusterman

  18. 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 The Law Offices of Carl Shusterman

  19. 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 The Law Offices of Carl Shusterman

  20. 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 The Law Offices of Carl Shusterman

  21. How to Obtain Permanent Residence: Employment Relatives Visa Lottery Investment Asylum The Law Offices of Carl Shusterman

  22. Priority Workers (EB-1) Persons of Extraordinary Ability Outstanding Professors and Researchers Multinational Managers and Executives The Law Offices of Carl Shusterman

  23. 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 The Law Offices of Carl Shusterman

  24. 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 The Law Offices of Carl Shusterman

  25. 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. The Law Offices of Carl Shusterman

  26. 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 The Law Offices of Carl Shusterman

  27. 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 The Law Offices of Carl Shusterman

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