Under today’s regulatory and enforcement climate, it is particularly important that a company have immigration related compliance policies in place. Developing and following Standard Operation Procedures (SOPs) is essential in employment compliance. Trow & Rahal counsels U.S. employers on federal and state laws in these areas, assists in establishing immigration related policies, and conducts in-house seminars for clients as highlighted below.
Sponsorship of foreign nationals for visas and permanent resident status
We work with employers to develop corporate policies regarding the sponsorship of its foreign national employees for temporary work visas such as H-1B or L-1, and permanent resident status, the timing of green card sponsorship, and repayment agreements.
Trow & Rahal conducts seminars for HR staff, legal counsel, managers, and foreign employees to offer them a better understanding of the immigration process. Seminars typically include an overview of immigration terms, pending legislation in Congress, hot immigration topics, as well as compliance issues. Trow & Rahal can customize in-house seminars for employers on any immigration-related topic, including visa options for employees.
Trow & Rahal offers comprehensive compliance support for corporate clients, with a focus on company audits of I-9 forms and public access files for Labor Condition Applications (LCA), due diligence with respect to immigration aspects of corporate transactions, and development of in-house corporate compliance and immigration-related policies. When we discover potential issues, we provide counseling and guidance in the resolution of these problems, and training to ensure future compliance.
I-9 Compliance and Audits
Trow & Rahal assists employers with I-9 files and compliance and is available to conduct I-9 audits. The Department of Homeland Security (DHS) is vigorously enforcing I-9 compliance regulations and initiating audits and investigations of companies. Despite being only a one-page form, the I-9 world has become increasingly more complex. There are rules regarding the completion of the form; the maintenance of the form; re-verification requirements; use of E-Verify; responding to no-match Social Security letters; rules concerning the termination of employees; and non-discrimination regulations. Trow & Rahal will assist in in-house audits, responding to no-match letters, and systems and procedures for maintaining and purging I-9 files.
The U.S. Department of Labor (DOL), through its Wage and Hour Division, has increased it audits and enforcement activities concerning maintenance by companies of compliance files related to the Labor Condition Application (LCA). An LCA is filed in connection with H-1B visa petitions for foreign nationals. Trow & Rahal will audit a company’s Public Access files to ensure that they are maintained properly, and help develop a policy for internal audits and a system of maintaining and discarding these files when possible.
ICE Compliance Visits
Immigration and Customs Enforcement (ICE) often conducts surprise workplace visits to assess a company’s compliance with H-1B regulations after the filing of an H-1B visa petition. Trow & Rahal will assist employers in developing a policy and practice for being prepared to respond to such visits.
Immigration Compliance relating to Corporate Transactions
Companies cannot ignore the immigration aspects of corporate transactions when they enter into mergers, acquisitions, or other corporate transactions in this global economy. If foreign nationals are part of the work force, then it is necessary to address immigration related visa and compliance issues to avoid potential liability.
Trow & Rahal has extensive experience in counseling employers on immigration aspects of corporate transactions including comprehensive document review, analysis of visas for foreign employees, an assessment of potential liabilities, and recommendations for a course of action. We work with the corporate client to develop a strategy for the immigration related issues so that the corporate deal or transaction can move forward without delay.
To learn how our Winning Immigration Strategies can work for you, contact us today.