This section has been exclusively designed to assist and inform corporate counsel and human resource executives on current immigration issues that affect their company and their employees. Additionally, at the end of this page, you will the find an overview of the types of services Immigration Solutions Group, PLLC offers its global clients.
THE I-9 FORM HAS CHANGED. As of April 3, 2009, employers must use the revised Employment Eligibility Verification Form (Form I-9). The new I-9 Form requires an employer to accept only unexpired documents for completion of the I-9. In addition, under the new I-9 Form, some documents are no longer acceptable to establish identity and employment eligibility. On June 26, 2009, U.S. Citizenship and Immigration Services (USCIS) announced that the Employment Aligibility Verification form I-9 (Rev. 02/02/09) currently on the USCIS Web site will continue to be valid for use beyond June 30, 2009. USCIS has requested that the Office of Management and Budget (OMB) approve the continued use of the current version of Form I-9. While this request is pending, the Form I-9 (Rev. 02/02/09) will not expire. USCIS will update Form I-9 when the extension is approved. Employers will be able to use either the Form I-9 with the new revision date or the Form I-9 with the 02/02/09 revision date at the bottom of the form. Click here to access the revised I-9 Form.
On July 1, 2009, U.S. Immigration and Customs Enforcement (ICE) Special Agent in Charge (SAC) offices nationwide are commencing a Form I-9 audit initiative in every state by serving Notices of Inspection (NOIs) to several businesses within each SAC’s respective area of responsibility. As part of the new ICE Worksite Enforcement (WSE) Strategy, this initiative will renew ICE’s focus on employers and bring national attention to the statutory and regulatory requirements all employers must adhere to when hiring.
- The I-9 Process in a Nutshell, Employer Information Bulletin
- M-274, Instructions for Completing I-9 Form, Handbook for Employers, 4-3-09
- I-9 Documentation Review, Employer Information Bulletin
- Employment Authorization of Foreign Nationals, Employer Information Bulletin
- U.S. Employment of Citizens of the Freely Associated States, Employer Information Bulletin
- E-Verify Do’s and Don’ts for Employers, Department of Justice
Penalties for Prohibited Practices, Employer Information Bulletin
Basics of Employer Sanctions, June 29, 2005, Congressional Research Service
Sample ICE Notices
- Nonimmigrant Classification Employment Eligibility and Reference Guide, Employer Information Bulletin
Discrimination and Immigration
DOJ Office of Special Counsel for Immigration-Related Unfair Employment Practices, Guide for Employers
Information about anti-discrimination provisions of the INA, DOJ Office of Special Counsel for Immigration-Related Unfair Employment Practices
- Temporary Evidence of Permanent Residence, Employer Information Bulletin
- “Is there a Shortage of Scientists and Engineers?” RAND, 2003
- “The Science and Engineering Workforce: Realizing America’s Potential,” National Science Board/National Science Foundation, August 2003
- “Global Aging and the Global Workforce,” Hudson Institute, March 2003
- “Federal Investment in R&D,” RAND, Prepared for the President’s Council of Advisors on Science and Technology (PCAST), September 2002
- “Human Capital: Building the Information Technology Workforce to Achieve Results,” Testimony of Comptroller General of the United States, July 31, 2001
Visa Bulletin DOS cautions that immigrant visa number use is approaching the annual limits for the year and additional retrogression of cut-off dates are possible.
Frequently Asked Questions About Employment Eligibility
Do citizens and nationals of the U. S. need to prove, to their employers, they are eligible to work?
Yes. While citizens and nationals of the U.S. are automatically eligible for employment, they too must present proof of employment eligibility and identity and complete an Employment Eligibility Verification form (Form I-9). Citizens of the U.S. include persons born in Puerto Rico, Guam, the U.S. Virgin Islands, and the Northern Mariana Islands. Nationals of the U.S. include persons born in American Samoa, including Swains Island.
Do I need to complete a Form I-9 for everyone who applies for a job with my company?
No. You need to complete Form I-9 only for people you actually hire. For purposes of the I-9 rules, a person is “hired” when he or she begins to work for you for wages or other compensation.
I understand that I must complete a Form I-9 for anyone I hire to perform labor or services in return for wages or other remuneration. What is “remuneration”?
Remuneration is anything of value given in exchange for labor or services rendered by an employee, including food and lodging.
Can I fire an employee who fails to produce the required document(s) within three (3) business days?
Yes. You can terminate an employee who fails to produce the required document(s), or a receipt for a replacement document(s) (in the case of lost, stolen or destroyed documents), within three (3) business days of the date employment begins. However, you must apply these practices uniformly to all employees. If an employee has presented a receipt for a replacement document(s), he or she must produce the actual document(s) within 90 days of the date employment begins.
What happens if I properly complete a Form I-9 and the ICE discovers that my employee is not actually authorized to work?
You cannot be charged with a verification violation; however, you cannot knowingly continue to employ this individual. You will have a good faith defense against the imposition of employer sanctions penalties for knowingly hiring an unauthorized alien unless the government can prove you had actual knowledge of the unauthorized status of the employee.
What is my responsibility concerning the authenticity of document(s) presented to me?
You must examine the document(s) and, if they reasonably appear on their face to be genuine and to relate to the person presenting them, you must accept them. To do otherwise could be an unfair immigration-related employment practice. If a document does not reasonably appear on its face to be genuine and to relate to the person presenting it, you must not accept it. You may contact your local ICE office for assistance. To get the address and telephone number of the ICE office nearest you, please click the ICE district office directory.
About Us and Our Services
Immigration Solutions Group, PLLC (ISG), is the leading provider of immigration services. ISG works with companies and multinational corporations to develop and streamline their immigration programs and help them to secure best and the brightest talent.
ISG is aware of the difficulties most Corporate Counsel and Human Resource executives, managers and personnel face when dealing with the complex issues surrounding the U.S. immigration laws and regulations. ISG has designs user-friendly and cost-effective systems to handle the immigration process, depending upon your company’s staffing needs and the size of your foreign hires. ISG is dedicated to assisting its corporate clients by personally guiding them through the often frustrating maze of immigration issues that arise. ISG is committed to ensuring that the process is made as simple as possible, while at the same time ensuring that you fully understand your company’s responsibilities and liabilities.
With an emphasis on innovative business-related and employment-based immigration solutions, ISG leverages their substantial experience with H-1B petitions and PERM applications. Taking on a comprehensive partnership approach you can rely on, corporate clients receive the following services:
- Preparation and monitoring of all temporary visa petitions for each employee and their family
- Analysis, strategy, and preparation of all employment-based applications for permanent residency
- I-9 immigration policy guidance and consultation
- I-9 Private Audits
- Document retention policy guidance and solutions
- Merger and acquisition strategic planning advice and assistance
- Sophisticated online case management for HR executives and employees
- Superb personal communication on all levels
- Compliancy management and priority date tracking
- Electronic data intake and data management
- ISG Corporate Immigration News Updates and Alerts
- Various immigration support programs
Advising their corporate clients, ISG develops and manages the best practices necessary to assure PERM approvals and a expedient route to permanent residency as well as the tools necessary to run a successful H-1B program, including the preparation of Public Access Files and the set-up and maintenance of LCA tracking systems. ISG’s services are supported by leading edge technologies that are customized for each client to streamline the immigration process, increase efficiencies and maintain open lines of communication.
State-of-the Art Technology Solutions
ISG’s state-of-the-art technology and case management system provides clients with the tools that simplify corporate immigration matters. ISG uses nationally acclaimed state-of-the-art case management software achieving fast case preparation, complete and central control of immigration data, target dates, and web-based tracking by HR personnel and employees. With their case management tools, you can be confident that you work with the most secure software and support services. Indeed, their system enables them to maintain and manage all aspects of your immigration demands under one all-encompassing database, which reduces data inconsistency, improves efficiency and promises higher satisfaction.
Personalized Attention with Global Capability
Immigration Solutions Group regularly offers immigration presentations and seminars to recruiters, HR personnel, and other company representatives involved in the process. ISG is able to meet with corporate executives and H.R. directors in person at your place of business, or ISG’s staff can organize a meeting via telephone for a complimentary presentation of our services. At the presentation, ISG will review your company’s current immigration related arrangements. There is no charge for a presentation of services and an evaluation of your company’s needs.