Employer Immigration Compliance
Multiple federal agencies enforce United States immigration policy. These agencies have committed to increased employer immigration enforcement. Employers must fully comply with the myriad of employment-related immigration laws.
At Litwin & Smith, 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 Litwin & Smith, in Santa Clara, our work site enforcement attorneys assist employers throughout Northern California with all aspects of immigration compliance and work site enforcement, including proactive services and response involving:
- Work site enforcement assistance
- H-1B compliance
- I-9 compliance
- Social Security no-match letter
Work Site Enforcement
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.
Deemed Export Compliance
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 people 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 a 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.
Social Security No-Match Letter
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.
Contact An Experienced Business Immigration Law Firm
With more than 50 years of immigration and nationality law experience, we can assist in ensuring you are compliant with the law and help you avoid significant consequences for noncompliance. Contact one of the South San Francisco immigration compliance lawyers at Litwin & Smith by calling .
Please visit our Immigration Articles page for a full listing of detailed articles regarding immigration and naturalization law.