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Green and Spiegel - An Immigration Law Firm - United States

David Spaulding Esq.

Compliance and Regulatory Practice Counsel
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Philadelphia (US Headquarters)
1524 Delancey Street, 4th Floor Philadelphia PA 19102 US

David Spaulding is a general immigration law practitioner and Green and Spiegel’s Compliance and Regulatory Practice Counsel.  He brings substantial immigration, enforcement, and management experience to a practice structured to help clients assess and manage worksite enforcement liabilities. As a former administrative investigator and manager, he is uniquely positioned to advise clients on government oversight matters and harnesses Green and Spiegel’s business innovation experience to solve client workforce challenges.

Our Compliance and Regulatory Practice supports business stakeholders with confidential auditing, investigation, reporting, and litigation assistance.  When engaged prior to enforcement actions, our firm works closely with management teams to explore innovative recruiting and employment solutions.  If enforcement actions are initiated, David’s team is highly successful in mitigating the effects of government audits, inspections, and investigations.

Mr. Spaulding’s twenty-three years as an immigration officer and manager provides him with an unparalleled understanding of worksite enforcement actions.  His team provides a uniquely personalized service which helps companies craft and execute the policies and procedures which best support overall goals and business development.  David’s enterprise value services provide efficient and invaluable information to those seeking to buy and sell closely held corporations.

Mr. Spaulding earned his B.A. from La Salle University and his J.D. from Temple University School of Law.  Prior to joining Green and Spiegel, David was an immigration officer for twenty-three years.  He has extensive experience in inspections, adjudications, and investigations and was a manager, overseeing worksite enforcement activities and administrative investigations, for United States Citizenship and Immigration Services (USCIS).

Education

  • Admitted to the Bar, Pennsylvania, 2010
  • Juris Doctor, Temple University, Beasley School of Law, 2008
  • Bachelor of Science, La Salle University, 1995

Affiliations

  • The Manufacturer’s Association

  • Chester County Economic Development Council – Global Business Advisors

  • Society of Corporate Compliance and Ethics (SCCE)

  • Association of Certified Fraud Examiners

  • Pennsylvania Bar Association

  • Philadelphia Bar Association

Involvement

  • Special Prosecutor, Chester County District Attorney’s Office, 2010 – 2012
  • Joseph’s People, Employment Seeking Advisor, 2012 – 2015

Awards

  • Barrister Award for Excellence in Trial Advocacy, Beasley School of Law, 2008
  • Honorable Discharge, Pennsylvania Army National Guard, 1999
  • Magna Cum Laud, La Salle University, 1995
  • Honorable Discharge, United States Navy, 1991

Events

Sep 19, 2019

I-9 Compliance: What Employers Need to Know

At the cross section of immigration and employment law, this panel led by Lori Armstrong Halber and Jonathan Grode will benefit any company, regardless of size and regardless of whether or not they employ foreign nationals. This panel will discuss the recent enforcement changes and review strategies that all employers can utilize to mitigate existing errors and create strong compliance policies and better manage risk.

Blogs

May 12, 2020

Companies Can Use Some Expired Identity Documents in Completing Form I-9s

Last week (May 5, 2020) we wrote that executing a Form I-9, Employment Eligibility Verification (Form I-9) required a valid, current identity document. United States Citizenship and Immigration Services (USCIS) has modified the policy to permit employers to accept validly issued but expired List B identity documents during the pandemic as long as they record a valid replacement document after the pandemic. Learn more in this blog.

May 12, 2020

The Quarantine Presents Restaurants with a Unique Opportunity to Clean Up Their Form I-9s

The quarantine is creating havoc in the restaurant industry. Many places temporarily closed, others went to curbside pickup or delivery, and some have thrown in the towel. Those which switched to takeout during the quarantine may be off more than fifty percent, while some businesses accustomed to delivery already have seen an uptick in business. However, this chaos presents an opportunity to get restaurant management in better order. Learn more in this blog.

May 08, 2020

Fines, Penalties, and Budget Woes

Agencies feel starved for resources in even the best of times. There is always more work to do than the resources allow for. However, when budgets get tight, agencies turn their attention to eking more value out of core income producing operations. Given how tight budgets will be for all levels of government, we are expecting to see heavier fines and penalties. Learn more in this blog.

May 05, 2020

Executing a Form I-9 Requires an Identity Document, Even in a Pandemic

The question presented: “How can we complete a Form I-9 on someone without identification during the pandemic.” I found no specific document on this point. The short answer is that we can’t. Learn more in this blog.

Apr 29, 2020

A New Form I-9 Employer Handbook (M-274) is Available and Now Is an Excellent Time to Proactively Access Compliance

Come May 1, 2020, employers are required to use the newest edition of the Form I-9, Employment Eligibility Verification and United States Citizenship and Immigration Services (USCIS) has now updated the Form M-274, Handbook for Employers. Among the updates are List B and List C document clarifications, additional information about “authorized representatives” in Section 2, and document expiration dates and extensions. Learn more in this blog.

Apr 08, 2020

USCIS Answers Common Questions about Form I-9S and E-Verify During the Pandemic

USCIS has created a document called “Questions and Answers Related to Temporary Policies for Form I-9 and E-Verify” with policy responses to the coronavirus pandemic. To assist employers during the pandemic, we have restated the most common occurrences here.

Apr 06, 2020

Proposed Lehigh County, PA Regulation Changes May Restrict GOVT Contract Bidding

Lehigh County, PA commissioners have introduced a regulation change which, if enacted, would limit which construction companies can bid for government contracts. Learn more in this blog.

Mar 20, 2020

FORM I-9 COMPLIANCE CHANGE: Physical Inspection of Documents Is Not Required During the Pandemic

U.S. employers are required to examine documents in fulfilling their responsibilities to only employ authorized workers. This is in connection with the Form I-9, employment Eligibility Verification (Form I-9). This has presented a problem for many employers who cannot meet with their employees due to the risks of, or illegality of, face-to-face contact during the coronavirus pandemic. The U.S. Department of Homeland Security (DHS) is permitting a waiver of the physical inspection requirement as of today. Learn more in this blog.

Mar 13, 2020

The 2020 Form I-9 Audit Season Has Begun!

ICE is aiming at 15,000 Audits this year. For audited companies, the 30 days that the Audit notice gives them to present perfect Form I-9s is daunting. It represents at least three significant threats: 1) fines and penalties, 2) management and administrative disruption, and 3) business disruption if any of the employees are found to be “unauthorized workers.” Learn more in this blog.

Mar 10, 2020

The Supreme Court Says Form I-9 Information Can Be Used Against Employees

Every person we employ in the U.S. has to complete a Form I-9, Employment Eligibility Verification form (“Form I-9”). The burden is on the employer to make reasonably sure that we both employ authorized workers and document their work authorization correctly. Many people, in and out of government, share the view that foreign nationals working without authorization should share some of the penalty with companies unintentionally employing people who don’t have authorization. Learn more in this blog.

Mar 04, 2020

Worksite Enforcement: We either own it or it owns us

I-9 Audits are a real threat to operations. Do we take worksite enforcement on our own terms or let the government dictate it to us? We don’t have to be reactive, we can own the process. The best way to approach worksite enforcement is to address the issues at a time and in a way of our choosing. Learn more in this blog.

Mar 03, 2020

U.S. Inadmissibility on Public Charge Grounds (Final Rule)

A week since the implementation of the Public Charge Grounds (Final Rule), we offer a summary and assessment of its impact. Gain a general understanding of the Public Charge Final Rule and an analysis useful to determining whether someone is likely to be excluded or removed as a public charge in this blog.

Feb 18, 2020

Construction E-Verify May Force Some Companies Out

Due to shortages in the labor market, employers for highly skilled positions have lowered minimum qualifications. Less skilled laborers are able to move more easily between manufacturing and construction jobs. New immigration policies may force some construction companies out.

Feb 03, 2020

New Version of the Form I-9, Employment Eligibility Verification

Employers must execute a Form I-9, Employment Eligibility Verification (Form I-9) on all employees. The current version is required and a new version was released on Friday, Jan 31, 2020. Learn about new changes to the form in this blog.

Jan 28, 2020

Issuing State Identification to Undocumented Immigrants Creates a Catch-22 for Employers

Thirteen states and the District of Columbia issue some form of driving permission to foreign nationals who don’t have permission to work in the US. Providing documents to those who aren’t lawfully present creates a two-tier identity document system. Learn more in this blog.

Dec 27, 2019

Establishing the Requisite Good Moral Character in Naturalization

On December 13, 2019, United States Citizenship and Immigration Services (USCIS) published new Good Moral Character (GMC) guidelines for its Immigration Services Officers (ISO). Among other adjudications, ISOs make decisions on the Form N-400, Application for Naturalization (Naturalization Application), by which foreign nationals seek citizenship in the United States. Learn more in this blog.

Dec 26, 2019

Government is using information in more effective and efficient ways than ever: Companies which adapt to this new reality will thrive

Green and Spiegel works directly with clients to assess policies and procedures, explore alternative business arrangements, and implement tailored systems that minimize the costs associated with potential and realized government activities. Learn more in this blog.

Nov 26, 2019

E-Verify to be Required for All Pennsylvania Construction Companies

The CONSTRUCTION INDUSTRY EMPLOYEE VERIFICATION ACT (“the Act”) became Pennsylvania law on October 7, 2019 and takes effect on October 6, 2020. The Act requires that all Pennsylvania-based construction companies utilize the E-Verify system for Forms I-9 (Employment Eligibility Verification). Learn more in this blog.

Oct 25, 2019

Country Cap Removal Legislation Stalls in Senate amid Competing Legislative Proposals

There are significant immigration bills before the United States Senate for the first time since 2013. Senator Lee’s bill is the Fairness for High Skilled Immigrants Act of 2019 (“S-236”) and Senator Durbin’s bill is the Resolving Extended Limbo for Immigrant Employees and Families (RELIEF) Act (“S-2603”). Learn more in this blog.

Oct 25, 2019

Country Cap Removal Legislation Stalls in Senate amid Competing Legislative Proposals

There are significant immigration bills before the United States Senate for the first time since 2013. Senator Lee’s bill is the Fairness for High Skilled Immigrants Act of 2019 (“S-236”) and Senator Durbin’s bill is the Resolving Extended Limbo for Immigrant Employees and Families (RELIEF) Act (“S-2603”). Learn more in this blog.

Oct 18, 2019

Kansas V. Garcia is Before the U.S. Supreme Court... This is One to Watch

On August 26, 2012, Ramiro Garcia, an undocumented immigrant working under an assumed Social Security Number, was stopped for speeding. Garcia knew he faced immigration consequences, but he likely didn’t expect to be prosecuted for identity theft. The question before the Supreme Court of the United States is whether states can use information reported on the Form I-9, Employment Eligibility Verification (“Form I-9”) to prosecute identity theft cases. Learn more in this blog.

Oct 15, 2019

Government Evolves Too and Increased Enforcement Actions Point to Data Access, Stronger Analysis, and Inter-Agency Cooperation

Unfortunately, better data collection and analysis also means that unintentional errors are noticed more readily and the immigration filings with USCIS are more often shifted out of the normal stream of adjudications. Now that the government has improved operations, errors have far greater impact on filers. Innocent errors can lead to significant disruptions and costly remedies. Intentional acts can lead to denials, loss of access to resources, administrative penalties, and even prosecutions. Learn more in this blog.

Oct 04, 2019

What does New York’s Immigration Guidance Mean for Employers in Other States?

New York City has some of the most robust employee legal protections in the United States. The September 24, 2019 New York Commission on Human Rights Legal Enforcement Guidance on Discrimination on the Basis of Immigration Status and National Origin (“NYC Guidance”) fits comfortably within this broader evolution of New York human rights protections. This new guidance provides detailed pointers on which actions are likely to invite discrimination claims and it is wise to review company policies with competent counsel if doing work in New York City. Learn more.

Sep 23, 2019

California Changed the Definition of "Employee" and Employers Need to Respond Deliberately

Assembly Bill No. 5, Worker Status: Employees and Independent Contractors (“AB-5”) became California law on September 18, 2019. What does this means for the “gig economy”, or those in a wide range of employment which is temporary and contractual? Find out in this blog.

Sep 17, 2019

Social Security Administration (SSA) Programs Present Challenges to Employers Which Rely Upon Unauthorized Workers

When we talk about immigration enforcement, we are usually talking about the three “sister” agencies: United States Citizenship and Immigration Services (USCIS), Customs and Border Protection (CBP), and Immigration and Customs Enforcement (ICE). We may not easily see the role that agencies like the Social Security Administration (SSA) play in immigration enforcement; yet, the Trump Administration is enforcing a wide field of laws in ways that will likely impact potentially undocumented immigrants and, by extension, their employers. Learn more.

Sep 16, 2019

Foreign Students Subject to Training Location Site Visits

The Trump Administration is strictly enforcing a number of immigration laws and regulations and in ways not seen in many years. Conducting site visits at OPT training sites fits within the broader thrust of Administration enforcement actions. By carefully following school’s guidelines and making good use of the Designated School Officials overseeing the OPT, both student and employer can avoid complications rising from these site visits.

Sep 05, 2019

Senator Rand Paul Seeks Congressional Action to Halt EB-5 Program Changes

As we previously discussed, United States Citizenship and Immigration Services (USCIS) proposed substantial changes to the EB-5 regulations on July 24, 2019. The “EB-5 Immigrant Investor Program Modernization Rule” is scheduled for implementation on November 21, 2019. It appears that the Administration will apply the rule, as written, unless Congress acts to stop it. Learn more.

Sep 04, 2019

Green and Spiegel U.S. Practice Director Presents at the Pennsylvania Office of General Counsel, OGC University 2019

Jonathan A. Grode, Esq. is presenting “Immigration Enforcement and Its Impacts on the Keystone State in 2019” during the Pennsylvania Office of General Counsel’s September 5, 2019 “OGC University 2019.” During this plenary session presentation, he and Deputy General Counsel Gregory G. Schwab, Esq. will explore the impact of federal administration changes to immigration policy and how those changes impact Pennsylvania and the United States as a whole. Learn more.

Aug 30, 2019

Attention Employers- Until the New Version of the Form I-9 is Available, Use the July 17, 2017 Version

The current version of the Form I-9, Employment Eligibility Verification (“Form I-9”) is dated July 17, 2017. Employers using the form will note that it expires on August 31, 2019. Learn more in this blog.

Aug 23, 2019

Worksite Employment Raids Point to the Employer Need to Take Preemptive Action

On Wednesday, August 7, 2019, U. S. Immigration and Customs Enforcement (“ICE”) conducted one of its largest immigration raids, arresting 680 foreign nationals who appeared to the government to be workers without authorization. By the end of the week, ICE agents had arrested more than 850 people in Mississippi alone. Learn more in this blog.

Jul 24, 2019

What Is FDNS and Why Are They Doing So Many Office Site Visits?

The Office of Fraud Detection and National Security (FDNS) has been around for fifteen years but the first time most companies and attorneys hear of it is when officers show up to conduct an inspection on non-immigrant worker visas. Their site visits are unannounced and often send companies scrambling. Learn more in this blog.

Jul 09, 2019

Form I-9 Audits Shift Into High Gear

Immigration and Customs Enforcement (ICE), within the Department of Homeland Security, audits and investigates immigration violations of work rules. The document at the center of those inquiries is the Form I-9, Employment Eligibility Verification (Form I-9). Form I-9 may not be the easiest form to complete though. Learn more in this blog.

Jul 09, 2019

Form I-9 Audits Shift Into High Gear

Immigration and Customs Enforcement (ICE), within the Department of Homeland Security, audits and investigates immigration violations of work rules. The document at the center of those inquiries is the Form I-9, Employment Eligibility Verification (Form I-9). Form I-9 may not be the easiest form to complete though. Learn more in this blog.

Jun 17, 2019

David Spaulding Joins Green and Spiegel as the Head of the Compliance and Regulatory Practice Section

Green and Spiegel welcomes Former USCIS Fraud Detection and National Security Directorate Supervisor David Spaulding to its Philadelphia office, strengthening its Compliance and Regulatory Practice amidst a climate of heightened enforcement. Learn more in this press release.

Jun 17, 2019

David Spaulding Joins Green and Spiegel as the Head of the Compliance and Regulatory Practice Section

Green and Spiegel welcomes Former USCIS Fraud Detection and National Security Directorate Supervisor David Spaulding to its Philadelphia office, strengthening its Compliance and Regulatory Practice amidst a climate of heightened enforcement. Learn more in this press release.

Media and Presentations