Helping You Comply With Immigration Regulations
We are deeply committed to maintaining the integrity of the United States immigration system by ensuring that both employers and individuals adhere to the often complex regulations and procedures which govern all aspects of the immigration process. As advocates of our clients, we are often called upon to offer our counsel proactively through the use of self-audits and defensively during governmental investigations. Many rules and regulations apply whether or not a company employs foreign workers.
With our advice and support, you can be secure in the knowledge that your company is making due efforts required to be in compliance comply with U.S. immigration law, and be confident of the ongoing legality and integrity of your hiring procedures and the employment eligibility of your staff.
We accomplish this goal through our “immigration risk management” initiative. This system is designed to ensure that you remain compliant with all regulatory requirements and mitigate any errors which may have occurred in the past.
The U.S. government remains in a period of transition and uncertainty. Given the heightened prospects of an increased focus on enforcement, it’s now time to ask: Is your company ready? Green and Spiegel can help assess and manage your risk. Our team of experts have advised companies ranging from small startups to Fortune 100 firms on immigration compliance and remediating errors, as well as defending them amidst an ICE audit.
Form I-9 Compliance Review
The Employment Eligibility Verification Form I-9 must be used by employers to verify an employee’s identity and to establish that the worker is eligible to accept employment in the U.S. This requirement holds even when hiring U.S. citizens. It is not uncommon for Form I-9 violations, even if mere technical paperwork violations, to result in substantial fines. Headline-grabbing investigations have cost companies in excess of $1 million and unquantifiable damage to businesses’ reputations.
We are pleased to work with HR professionals to craft an I-9 compliance solution, whether it be a comprehensive review all of Form I-9s or a representative risk management sample assessment. We also provide training to senior management and HR professionals in this regard. Through such efforts, we also offer an immigration “compliance certification program”.
E-Verify Enrollment and Onboarding
E-Verify is an online system that compares information from an employee’s Form I-9, Employment Eligibility Verification, to data from U.S. Department of Homeland Security and Social Security Administration records to confirm employment eligibility.
Enrollment in E-Verify is not currently mandated for most employers by the federal government, although many states do have such requirements under their licensing laws. Many politicians in and outside of Washington have, however, signaled that nationwide E-Verify usage should be implemented. We can advise you on enrolling in and using this system correctly.
We provide comprehensive training to HR staff of both small and large organizations. Our training tailored to your organization will assist you in following all necessary legal protocols in recruiting and hiring staff where immigration or visa issues are relevant.
Worksite enforcement of immigration laws has become increasingly prevalent in recent years and appears to be primed for even more government attention. We are equipped to support, advise and represent companies and individuals throughout this difficult process where much is at stake.
Wage & Hour laws
We can assist you with compliance and checking with ‘Wage and Hour’ federal labor laws, which have significant compliance requirements regarding H-1B workers, H-2B workers and PERM applications.
FDNS (the Office of Fraud Detection and National Security) works to deter and detect immigration benefit fraud. During site visits to employers (often done randomly and without warning), FDNS officers will gather information about your company and your foreign national workforce. We will always remain on the ready should your company have an FDNS visit.
Similar to managing your I-9 risk, ensuring that your H-1B and PERM files are accurate and up-to-date is an important component of immigration compliance. We can assist you with reviewing these records, correcting deficiencies and preparing for future and on-going proper file maintenance.
Our team of immigration professionals have significant experience in agency and federal court litigation. We are willing to challenge the government on our clients’ behalf and stand ready to pursue any and all avenues of relief.
Supply Chain and Human Trafficking
Governments across the globe are enacting legislation and regulations to help curtail human trafficking and unfair supply chain practices. Green and Spiegel is on the cutting- edge of advising global corporations in this regard through our International Supply Chain Initiative.