Immigration categories, compliance requirements, and enforcement strategies made clear.

Immigration law has been likened by federal courts to King Minos’s labyrinth in ancient Crete. The law is multifaceted, ever evolving, and can be intimidating for those not familiar with the system. Between the alphabet soup of potential visa categories, dealing with backlogs in the immigration system, and adhering to strict compliance requirements, the immigration system may seem daunting to say the least. This presentation will help the participants understand the system in which they are working and potential opportunities for their company. The presentation will discuss common immigrant and nonimmigrant working statuses, explain the process for sponsoring an employee for a temporary work status or for permanent residency, and offer guidance on employer compliance, including in the I-9 context, in order to minimize liability for companies large and small.

Learning Objectives

• You will be able to describe the difference between nonimmigrant and immigrant visa categories and the most common application types.
• You will be able to identify whether permanent residency applications are viable for your company’s needs.
• You will be able to recognize common errors made in employer compliance and how to best avoid them.
• You will be able to review your internal systems to prevent common, and costly, mistakes.

Agenda

Initial Considerations When Hiring a Foreign National

• Is There a Category That Fits Your Position?
• Know Which Government Agencies You Will Be Dealing With
• Brief History on U.S. Immigration Laws

Common Immigration Categories

• Immigration Alphabet Soup: A Background
• Typical Nonimmigrant VISA Types
• Typical Immigrant VISA Types

What About Green Cards?

• PERM Process
• VISA Bulletin and Potential Backlogs
• Pros and Cons
• Alternatives to PERM

Compliance Requirements

• I-9s: Why Are They Important?
• Specific Immigration Categories: Most Common Issues

Enforcement (and Prevention)

• I-9 Enforcement and Penalties
• IER Enforcement and Penalties
• Other Enforcement Actions
• Prevention: Recordkeeping and Internal Audits