Our Employers Immigration Guide advises employers how to sponsor foreign-born workers for immigration benefits. It also instructs employers how to comply with I-9, E-Verify and anti-discrimination laws and regulations.
Our Guide instructs employers as to how to maximize the chances that their PERM applications will be approved by the US Department of Labor and to how to prepare and submit I-140 visa petitions to the USCIS .
We also discuss how to sponsor employees who are persons of extraordinary ability, outstanding professors and researchers and executives and managers of multinational corporations.
You can stay up-to-date with the latest immigration laws and procedures by subscribing to our Free E-Mail Newsletter.
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Finally, our Employers Immigration Guide offers advice to employers regarding how to comply with the Employee Verification (“I-9”) System, how to respond to “mismatch” letters received from the Social Security Administration and how to avoid liability under anti-discrimination and “document abuse” laws.
Employers Immigration Guide is divided into the following subtopics:
- Success Stories
- Obtaining Temporary Working Status for Employees
- Obtaining Permanent Residence for Employees
- I-9 Compliance
- Videos – Employers: How to Survive an I-9 Audit
- Social Security Numbers and “No-Match” Letters
- Anti-Discrimination and Document Abuse
- Employer Information from the Government
Related Pages – Employers Immigration Guide:
- I-9 Compliance Videos
- Can Your Company Survive an I-9 Audit?
- Premium Processing Program
- E-Verify Program
SUCCESS STORIES: Employers Immigration Guide
- Showing a Valid Employer-Employee Relationship
- Using E-Verify to Help a Corporate Client
- Employment-Based Immigration: Secrets for Success
OBTAINING TEMPORARY WORKING STATUS FOR EMPLOYEES
- Visitors for Business (“B-1”)
- Treaty Traders (“E-1”)
- Treaty Investors (“E-2”)
- Professional Employees (“H-1B”)
- Exchange Visitors (“J-1”)
- Intracompany Transferees (“L-1”)
- The “Dual Intent” Doctrine
- Persons of Extraordinary Ability (“O”)
- Athletes and Entertainers (“P”)
- International Cultural Exchange Visitors (“Q”)
- Religious Workers (“R”)
OBTAINING PERMANENT RESIDENCE FOR EMPLOYEES
- Green Cards Through Employment: An Overview
- PERM Labor Certification
- The Foreign Labor Certification Process
- Obtaining Wage Data from the Federal Government
- National Interest Waivers
- Persons of Extraordinary Ability
- Outstanding Professors and Researchers
- Multinational Executives and Managers
- Persons of Exceptional Ability
On July 21, 2023, the USCIS announced a new version of Form I‑9.
Only one page long, the new I-9. is easier for employers and employees. Other improvements include clearer instructions and providing guidance on acceptable receipts and the auto-extension of some documents found on the Lists of Acceptable Documents.
Employers may begin using the new edition beginning August 1, 2023, but may continue to use the 2019 version of the form through Oct. 31, 2023. Beginning November 1, 2023, only the new Form I‑9 may be used.
DHS also announced a new remote alternative to the physical inspection requirement for employers enrolled in the E-Verify program. The new regulation and guidance are set to be published on July 25, 2023, and will go into effect on August 1, 2023.
The U.S. Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) announced on May 4, 2023 that employers will have 30 days to reach compliance with Form I-9 requirements after the COVID-19 flexibilities sunset on July 31, 2023. These flexibilities were first announced in March 2020 and subsequently extended throughout the COVID-19 pandemic. DHS encourages employers who have been using those temporary flexibilities to plan ahead to ensure that all required physical inspection of identity and employment eligibility documents is completed by August 30, 2023.
- I-9 Central (USCIS)
- Handbook for Employers (USCIS)
- Automatic Extensions of Employment Authorization and/or Employment Authorization Documents (EADs) in Certain Circumstances (USCIS)
- ICE updates Form I-9 requirement flexibility to grant employers more time to comply with requirements (5-4-23)
- Temporary Increase of the Automatic Extension Period of Employment Authorization and Documentation for Certain Renewal Applicants (5-4-22)
- ICE announces extension to new employee guidance to I-9 compliance flexibility (8-31-21)
- Form I-9 Inspection Overview – ICE (8-19-19)
- How to Avoid Employer Sanctions
- California’s Immigrant Worker Protection Act Advisory (2-13-18)
- California’s Immigrant Worker Protection Act FAQ (2-13-18)
- How to Comply with I-9 Requirements for Remote Workers (11-08-17)
- New Immigration Obligations Facing California Employers January 1, 2018 (10-06-17)
- Increased Fines for I-9 and Other Immigration Violations
- Revised Form I-9 Now Available (7-17-17)
- DHS Update on I-9/E-Verify Compliance (5-10-17)
- USCIS Revises Form I-9 (11-14-16)
EMPLOYERS: HOW TO SURVIVE AN I-9 AUDIT
In this video, Carl Shusterman, a former INS Attorney (1976-82) who has assisted many employers in complying with I-9 audits over the past 30+ years, provides advice to employers seeking to comply with both I-9 and complex immigration anti-discrimination and document abuse laws.
Immigration Attorney Carl Shusterman provides advice to employers seeking to minimize their liability under the law.
SOCIAL SECURITY NUMBERS AND “NO-MATCH” LETTERS
- Social Security Online: Immigration Information (English)
- Social Security Online: Immigration Information (Spanish)
- Social Security Number Verification Service (SSNVS)
- INS General Counsel on Responding to a Social Security Administration No-Match Letter (4-12-99)
- INS General Counsel on Responding to a Social Security Administration No-Match Letter (12-23-97)
- Immigrant and Employee Rights Section, Department of Justice (Enforces Anti-Discrimination and Document Abuse Laws)
- Employer Best Practices During Worksite Enforcement Audits
- Frequently Asked Questions (FAQs)
- Types of Immigration Related Unfair Employment Practices Discrimination
EMPLOYERS IMMIGRATION GUIDE – GOVERNMENT RESOURCES
PRACTICE ADVISORIES – EMPLOYERS IMMIGRATION GUIDE
- New USCIS Policy Creates Obstacles for Employers and Foreign Workers Oct 26, 2017
- Judge Certifies Nationwide Class in Employment Authorization Case July 19, 2017
- A Framework for Effective Immigration Worksite Employer Enforcement January 5, 2011
What Can We Help You With - Videos
Immigration Attorney Carl Shusterman has 40+ years of experience. He served as an attorney for the U.S. Immigration and Naturalization Service (INS) from 1976 until 1982, when he entered private practice. He has testified as an expert witness before the US Senate Immigration Subcommittee. Carl was featured in SuperLawyers Magazine. Today, he serves as Of Counsel to JR Immigration Law Firm.