IMMIGRATION COMPLIANCE AND
WORKSITE ENFORCEMENT

IMMIGRATION COMPLIANCE AND WORKSITE ENFORCEMENT COUNSEL

Multiple federal agencies enforce United States immigration policy and related guidelines. These agencies are committed to increased employer immigration enforcement. Employers must fully comply with the numerous employment-related immigration laws. At A Sharma Law Firm, PLLC, we represent employers who face immigration audits, investigations, and enforcement-related actions. Our experienced business immigration attorneys counsel businesses in preparing corporate policies and programs to ensure full compliance with federal immigration laws and regulations.

At ASLF, our worksite enforcement attorneys assist employers throughout United States with all aspects of immigration compliance and worksite enforcement, including proactive services and response involving:

  • Worksite enforcement assistance
  • H-1B compliance
  • I-9 compliance
  • E-Verify
  • Social Security no-match letter

Employers face increased enforcement efforts from multiple federal agencies, including the Department of Homeland Security and its sub-agency Immigration and Customs Enforcement (ICE) and the Fraud Detection and National Security (FDNS) Unit as well as the Department of Labor (DOL). Their enforcement efforts assess immigration employment compliance and frequently result in significant civil fines and criminal penalties.

The Department of Labor (DOL) is actively auditing H-1B employers. The DOL investigates compliance with all H-1B requirements, including Labor Condition Application (LCA) postings, payment of required wages, public access files, and any required nondisplacement inquiries. Failures in these areas can result in significant back-pay awards, civil fines, and debarment from H-1B employment.

An export of technology or source code is “deemed” to take place when it is released to a foreign national within the United States. Technology or code is “released” for export when it is “available to foreign nationals for visual inspection (such as reading technical specifications, plans, blueprints, etc.); when technology is exchanged orally; or when technology is made available by practice or application under the guidance of persons with knowledge of the technology.” A deemed export to any foreign national must be authorized. Deemed export compliance requires an assessment as to whether a license is required before a release to any foreign national is made. Additionally, the employer is responsible to maintain export control compliance documentation to demonstrate the foreign national‘s eligibility for release of technology or source code. Failures in these areas can result in significant civil fines and criminal penalties.

The USCIS Form I-129 Deemed Export Attestation presently requires H-1B, H-1B1 Chile/Singapore, L-1, and O-1A petitioners to attest that “deemed export” regulations have been complied with, in relation to the beneficiary of the petition.

Every employer is required to verify the identity and work authorization, using Form I-9, of all individuals hired after November 6, 1986. The employer is responsible for Employment Eligibility Verification and Re-Verification as well as to verify that proper documentation has been provided to demonstrate an employee’s eligibility to work in the United States. Strict compliance is required. We advise and assist employers on all aspects of I-9 Compliance.

E-Verify is a web-based system for electronic employment eligibility verification operated by the Department of Homeland Security in partnership with the Social Security Administration. There is an ever-changing patchwork of federal and state laws requiring E-Verify registration. We work with employers to determine whether they are required to register. We also assist in registration, training, and use of the system for full compliance.

The Social Security Administration (SSA) No-Match Letters are issued to inform employers that employee information provided on the Form W-2 (Wage and Tax Statement) does not match SSA records. The government takes the position that these letters may constitute employer knowledge that these employees are not authorized to work in the U.S. We assist employers to avoid liability for unlawful employment. We develop compliance programs and counsel appropriate responses to these letters.

With more than twenty years of combined immigration and nationality law experience, we can assist in ensuring that you are compliant with the law and help you to avoid significant consequences for noncompliance.

CONTACT one of our experienced immigration compliance attorneys at A Sharma Law Firm, PLLC.

A green card, or permanent residence, allows an immigrant to live and work in the United States for the rest of his or her life. For many people, obtaining a green card is the first step in the road to U.S. citizenship.

HOW DO I GET A GREEN CARD (PERMANENT RESIDENCE)?

There are many ways to obtain a green card or permanent residence. The most popular method of obtaining a green card is through employment sponsorship or family sponsorship. However, there are other ways to get a green card, including political asylum, investment visas, and diversity lotteries.

For more detailed information, please review our articles entitled:

The U.S. immigration and nationality laws are complex. The process of obtaining the correct type of visa for your situation is confusing. One of the benefits of working with an experienced New York green card attorney at ASharma Law Firm, PLLC is that you will benefit from our twenty years of combined immigration law experience and the focused knowledge.

We can effectively represent you in your quest to obtain a green card for yourself, an employee, or a family member. We evaluate your situation to determine the most viable method of obtaining permanent residency. We will help you complete and file the appropriate paperwork with the United States Citizenship and Immigration Services (USCIS).

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U.S. NATURALIZATION AND CITIZENSHIP

For our most clients, naturalization is the next step following obtaining a green card that allows them to live and work in the U.S. Naturalization is the complex process by which a foreign national can become a U.S. citizen. In order to be eligible for naturalization, a permanent resident must be 18 years of age, have good moral character, be able to read, write, and speak English, pass a civics test demonstrating knowledge of U.S. government and history, and meet other requirements:

  • Employment-based visa/green card holders: Lawful permanent residents may be eligible for naturalization after five years, if other requirements are met – such as being physically present in the U.S. for at least thirty months of the five years.
  • Family-based visa/green card holders: Spouses of U.S. citizens may be eligible for naturalization once they have been a lawful permanent resident for three years and meet other requirements – such as having lived with the citizen spouse for the entire three years in marital union.

Our naturalization lawyers have successfully guided countless clients through the naturalization process. We have the experience and resources necessary to prepare all applicable paperwork, comply with filing requirements, ensure clients are prepared for English and civics tests, and complete all other aspects of the legal process.

Contact one of our knowledgeable and experienced immigration law attorneys at ASLF to discuss your needs.