Six Services We Provide To Human Resources Managers
At Becker & Lee LLP, our attorneys work with human resources managers to develop immigration strategies designed to attract and retain foreign workers. We work closely with human resources managers to develop company wide immigration policies and tracking systems to assure compliance with important deadlines for both temporary visas and the permanent residency process. Our attorneys advise and train human resources managers, corporate management and supervisory level employees on the steps and requirements in the employment-based immigration process.
Below are six services attorneys at our firm offer specifically to Human Resources managers:
Selecting and Complying With Temporary Work Visas:
- B-1 visas: Only certain types of activities are allowed on a B-1 temporary visitor for business visa. It is important for human resources managers to understand what is and what is not permitted on this temporary visa.
- H-1B visas: One of the most common and popular employment-based visas, the H-1B visa, is available to certain individuals who work temporarily in a specialty occupation that requires specialized knowledge and completion of a bachelor’s degree or its equivalent. A limited amount of visas are given in this category each year, so the petitions are time-sensitive. In addition, the employer is responsible for a number of obligations, including paying the “prevailing wage,” maintaining a public access file, and other requirements.
- Other alternatives: Other temporary work visas include the TN (for Canadian and Mexicans), E-3 (for Australians), B-1 in lieu of H-1B, O, L , E-1/E-2, F/OPT, and J visas. Attorneys at Becker & Lee LLP help human resources managers determine the best option for foreign employees.
Advising On International Travel
After a visa petition is approved, a foreign worker will need to assure that he or she has a current and correctly issued visa stamp before returning to the U.S. While most times the visa application process is completed in a foreign employee’s home country, under certain circumstance an employee may be able to travel to a third country (usually Canada or Mexico). Attorneys from our firm help human resources managers assess the risks of traveling abroad and recommend ways to mitigate delays.
PERM Labor Certification Procedures and Employment-Based Permanent Residency Applications:
In order to qualify for permanent residency based on an employer, most foreign employees must complete the PERM/labor certification application. This process requires an employer to establish that it has actively recruited for the position and that no willing, able and available U.S. worker could be found. Attorneys from our firm help human resources managers determine the best time to file and select the correct employment-based category.
Transferring or ‘Porting’ H-1B Petitions, Labor Certifications and I-140 Visa Petitions From Previous Employers:
Under certain circumstances an employee transferring to a new company can “port” or transfer his or her labor certification, I-140 visa petition or application for permanent residency. We advise human resources managers on which petitions or applications can be transferred.
Mergers, Acquisitions and Corporate Restructuring:
Corporate restructuring can be costly for and damaging to the immigration process for foreign employees if the company does not consult early with immigration counsel. There are a number of mitigating steps a company can take to reduce the cost of a corporate restructuring, but many of the steps need to be taken before the change occurs.
Conducting Internal Audits (LCA and I-9):
- Public Access Files: For H-1B and E-3 petitions, employers are required to maintain a Public Access File that must be made available upon request. The Department of Labor conducts on-site inspections of these files. Our firm provides internal audits of a company’s Public Access Files to assure that the files are compliant before an inspection occurs.
- I-9 audits: All U.S. employers must properly file and retain I-9s for hired workers. If the U.S. government requests them, I-9s must be made available for inspection. Failure to comply with I-9 obligations can result in civil and criminal penalties. Our firm provides advice on I-9s and conducts reviews of I-9 files and procedures to assure compliance.
Contact Becker & Lee LLP to learn more.