Immigration and Compliance in 2013: What You Need To Know
As the administration continues to step up enforcement activities on companies violating immigration law, the need for your company to review your compliance program intensifies. This would include: (1) ensuring that the I-9 of every employee is properly and correctly filled-out, (2) reviewing and training employers/managers on compliance policies and issues, and (3) preparing for Immigration and Customs Enforcement (ICE) audits. Aside from that, an effective compliance program must include keeping in the know with respect to recent developments that are equally significant to the current rules to avoid serious and costly errors.
The Knowledge Group has assembled a panel of distinguished professionals and key thought leaders to help understand the most critical issues in immigration law. They will address the following key issues:
- New Form I-9 – Important Changes and Considerations when filling-out
- Employment Compliance Inspection Center – It’s Role in Identifying Who to Audit
- Issues and Updates in E-Verify Law
- Penalties for Non – Compliance
- Mitigating Potential Pitfalls that could lead to Audits
- Best Practices in Immigration Law Compliance and in Handling Related Situations
John Fay, VP & General Counsel,
LawLogix Group, Inc.
- opening segment about immigration reform in a broad way
John Fay: Electronic I-9s following Pam
Sarah Duckham, Senior Attorney,
Trow & Rahal
- The Employment Compliance Inspection Center (ECIC)
- Best Practices in I-9 Compliance
- Completion of the revised I-9
- For students (CPT, OPT, STEM)
- For nonimmigrants including employees hired under H-1B portability
- I-94 card changes by CBP
- Maintenance of I-9 documentation and retention requirements
- Compliance Policy – Standard Operating Procedures
- I-9 self-audits (whether within the company or with help of counsel)
- Completion of the revised I-9
Eric D. Ledbetter, Attorney,
Quarles & Brady LLP
- I-9 receipt rule
- Reverifying the I-9
- Hiring timeline – first day, third day
- Restricted SS cards
- For E-Verify, a discussion of why a company might voluntarily enroll:
- Large multi-state employers
- Compete for recent graduates – 17 month EAD extension
- Reduce hiring errors, have peace of mind
- Could be a market advantage to use E-Verify in some industries, geographic locations
- Position company for fed/state contracts
Pamela D. Nieto , Counsel,
Baker & Hostetler LLP
Issues and Updates in E-Verify Law
- General Overview of E-Verify
- E-Verify for Federal Contractors and Subcontractors
- E-Verify – State Law Mandates
- Impact of Proposed Immigration Reform On E-Verify
Who Should Attend:
– HR/Benefits Professionals, Employment Law Attorneys & In-House Counsel
– Employment Law & Immigration Attorneys
– Senior Management
– Human Resource Managers
– Corporate Counsel
– Risk Management Directors
– Compliance Program Directors
John Fay is an attorney and technologist with a deep applied knowledge of business immigration, I-9 compliance and E-Verify rules and procedures. During his career, John has advised corporations, educational institutions, and individuals on a variety of U.S. immigration and I-9 issues. At the same time, John has also been uniquely involved in information technology, having designed several immigration and I-9 management software applications.
John is a frequent speaker on I-9 and E-Verify compliance topics, presenting at various employment and immigration conferences throughout the U.S. During the past three years, John has served as a panelist on nearly 60 live and virtual presentations on I-9 and E-Verify topics. He is also a prolific writer on I-9 and E-Verify compliance and is responsible for establishing the LawLogix Compliance Blog and Knowledge Base (https://www.electronici9.com).
As Vice President and General Counsel at LawLogix, John is responsible for interfacing with members of the Department of Homeland Security to ensure regulatory compliance, and overseeing product design and functionality. John was recently awarded the 2013 Corporate Counsel of the Year in the private company category by the Arizona Chapter of the Association of Corporate Counsel.
John Fay is an attorney and technologist with a deep applied knowledge of business immigration, I-9 compliance and E-Verify rules …
Sarah M. M. Duckham is a Senior Attorney with Trow & Rahal. She has been practicing immigration law for over twelve years, with a focus on business immigration law. Sarah’s expertise focuses primarily on working with employers to obtain temporary work visas and green cards for employees, and she is a leader within the firm on matters concerning labor certification/PERM. She is also well versed in family immigration law matters, visas for entrepreneurs and investors, and citizenship and naturalization. Additionally, Sarah manages Trow & Rahal’s Compliance Practice, including counseling employers on I-9 and other compliance issues and providing guidance on immigration policies. She is a regular speaker on I-9 compliance good practices. Sarah is recognized by The International Who’s Who of Corporate Immigration Lawyers 2013. Sarah graduated from the University of Maryland School of Law in Baltimore, Maryland in 1991, where she graduated with honors and was awarded the Order of the Coif.
Sarah M. M. Duckham is a Senior Attorney with Trow & Rahal. She has been practicing immigration law for over …
Eric Ledbetter specializes in complex business immigration matters for companies of all sizes, advising on a range of workplace issues such as I-9 and E-Verify compliance and avoidance of discrimination claims based on national origin and citizenship status. He represents investors, doctors, scientists, researchers, engineers, business executives, entertainers, and high-knowledge workers. He has broad experience with H, L, O, TN, B, E and other types of non-immigrant visa status, as well as Conrad 30, No Objection, and Interested Government Agency J-1 waivers, and permanent residency based on PERM labor certification, EB-1 Outstanding Research, Extraordinary Ability, and Multinational Management.
Eric Ledbetter specializes in complex business immigration matters for companies of all sizes, advising on a range of workplace issues …
Pamela (Pam) Nieto’s practice is focused on handling business immigration matters. Ms. Nieto has extensive experience helping clients meet their business immigration needs, whether a company desires to transfer an employee from an office abroad, needs to hire a foreign national to fill a vacant position or is interested in obtaining a work visa in connection with opening an office or starting a new venture in the United States. She handles the full range of temporary (nonimmigrant) visa matters, including H-1Bs (specialty occupation), L-1s (intracompany transfer), including Blanket Ls for very large operations, E-1s (treaty trader), E-2s (treaty investor), TNs (Treaty NAFTA), O-1s (extraordinary ability), among others. She also handles the full range of permanent (“green card” or “immigrant”) visa matters, including permanent labor certifications (PERM), multinational manager petitions, EB-5 investor petitions, extraordinary ability petitions, etc. Ms. Nieto works with clients in arranging for J-1 (exchange visitor) visas, as well as in securing J-1 waivers of the two-year home residency requirement. She provides assistance in setting up compliance programs for and performing audits on I-9 Employment Verification programs and H-1B Labor Condition Application/Public Access File programs. She also works with clients to assess and address export control certification requirements related to hiring foreign nationals. Ms. Nieto counsels clients in connection with programs such as E-Verify and IMAGE, as well as in connection with preparing for inspections and site visits. She is also assists in the due diligence review process by assessing the impact a proposed action, such as a merger or acquisition, might have on existing foreign national employees’ authorization to continue their employment.
Pamela (Pam) Nieto’s practice is focused on handling business immigration matters. Ms. Nieto has extensive experience helping clients meet their …
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About LawLogix Group, Inc.
Founded in 2000, LawLogix is the leader in Electronic I-9, E-Verify and immigration case management software. LawLogix’ three flagship SaaS products, Guardian, EDGE and Globetrotter, automate the labor and paper-intensive I-9 and visa application processes for more than 160,000 organizations worldwide. Chosen by Fortune 500 corporations such as 3M, Pfizer, Aon Corp, Cargill, US Airways, Highmark, Cox and McKesson, LawLogix’ products help companies achieve I-9 and E-Verify compliance and help law firms and non-profits improve their immigration case management processes. For more information, visit www.lawlogix.com .
About Trow & Rahal
Located in the nation’s capital, Trow & Rahal advises clients on employment-related immigration and compliance issues, visas for investors, athletes, and entertainers, global immigration matters, individual and family immigration, and complex citizenship and naturalization cases. The firm’s clients include prominent U.S. and multi-national corporations, start-up and family businesses, educational and research institutions, trade and non-profit associations, and religious and charitable organizations located throughout the U.S. and around the world.
Principals Steve Trow, Linda Rahal, and Cynthia Hemphill have earned recognition for their immigration expertise in “The Best Lawyers in America”. Steve and Linda are also top rated in “Chambers USA”. Of the seven attorneys at Trow & Rahal, four have been nominated for inclusion in “The International Who’s Who of Corporate Immigration Lawyers” (Steve Trow, Linda Rahal, Cynthia Hemphill, and Sarah Duckham). Trow & Rahal has received national recognition in U.S News & World Report’s “Best Law Firms in America”, earning the highest ranking (Tier 1) for Immigration (DC); and nationally, a Tier 2 ranking. The firm is listed in the Martindale-Hubbell Bar Register of Preeminent Lawyers.
About Quarles & Brady LLP
Quarles & Brady LLP is a full-service law firm with more than 400 attorneys practicing from offices in Phoenix and Tucson, Ariz.; Naples and Tampa, Fla.; Chicago, Ill; Madison and Milwaukee, Wis.; Washington, D.C.; and Shanghai, China. The firm provides an array of legal services to corporate and individual clients, which range from small entrepreneurial businesses to Fortune 100 companies. Additional information about the firm may be found at www.quarles.com, and on Twitter, LinkedIn and Facebook.
About Baker & Hostetler LLP
BakerHostetler, one of the nation’s largest law firms, represents clients around the globe. With offices coast to coast and more than 800 lawyers, clients count on BakerHostetler to help them grow and protect their businesses in a complex business and regulatory environment.
BakerHostetler has five core practice groups: Litigation, Business, Employment, Intellectual Property and Tax. Within these groups are several large specialty practices, including antitrust, bankruptcy, healthcare, energy, middle-market M&A, complex commercial litigation, data privacy and security, patent prosecution and international tax. Our attorneys have broad knowledge and experience in many industries, including energy, media, manufacturing, healthcare, financial services and insurance, consumer products and hospitality.
Our national reach includes offices in Cleveland, Chicago, Cincinnati, Columbus, Costa Mesa, Denver, Houston, Los Angeles, New York, Orlando and Washington, D.C. We have made a strong commitment to operate as one integrated firm where clients can access our full range of capabilities seamlessly and without regard for physical location.