Enforcement Issues

Legal counsel from experienced employment immigration attorneys in New York City

New York City work visa immigration lawyers at Barst Mukamal & Kleiner LLP regularly assist U.S. employers and employees with U.S. Citizenship and Immigration Services (USCIS) and Department of Labor (DOL) compliance. Ensuring the identity and eligibility of your employees to work in the United States is an essential component to operating a legitimate and efficient business.

New York City immigration lawyers at BMK LLP are dedicated to helping employers and employees thrive.

I-9 Compliance

All employers must submit Employment Eligibility Verification to USCIS. This verification is required for all employees, regardless of citizenship. The purpose of this procedure is to verify the identity of every employee and ensure he or she is authorized to work in the United States.

For each employee, an employer must complete Form I-9 (a Spanish version is also available). Employers have three business days from the employee’s start date to complete and submit the form. If his or her original documents are lost or destroyed, a newly-hired employee must present a receipt for replacement documents within three days of the audit to complete verification. If the employee has presented a replacement receipt, the replacement documents must be produced within 90 days. An employer may terminate an employee who fails to provide documentation within the appropriate time frame, provided all employees are treated equally, regardless of citizenship. Visit USCIS’s Employment Eligibility Verification for instructions and to download forms.

Acceptable documentation for Form I-9 includes List A documents (such as a U.S. Passport) that establish both identity and employment eligibility, List B documents (such as a driver’s license) that establish identity, and List C documents (such as a Social Security card) that establish employment eligibility. For a listing of these documents, see pages 43-44 of Form M-274, Handbook for Employers.

H-1B, H-1B1 and E-3 Compliance

Certain work visas allow foreign workers to enter the United States. The H-1B, H-1B1 and E-3 Visas typically require a specialty occupation for eligibility, including engineers, teachers and doctors. Employers seeking to hire these workers must ensure each individual is in compliance with DOL guidelines and submit the appropriate paperwork. The DOL requires employer applicants to file a Labor Condition Application (LCA), which includes ETA Form 9035 or 9035E.

To comply with DOL regulations for these visas, employers must meet requirements for minimum wages and working conditions. In addition, employers must notify the DOL of intent to hire workers within 30 days of submitting the LCA. Employers relying on these workers must always consider the annual caps on these visa types. Employers dependent on H-1B workers are subject to additional rules but may be exempt if the workers are paid a higher amount or have attained a higher level of education.

Foreign workers under H-1B, H-1B1 and E-3 Visas are protected by these regulations as well. If the employer fails to adhere to compliance standards regarding wage rates or working conditions, the worker may report the employer to the DOL. U.S. workers and job applicants also have rights against employers who do not comply with DOL regulations for these visa types. For detailed information on compliance, including recordkeeping and reporting, visit the DOL Employment Law Guide.

Seek experienced legal representation from New York City work visa attorneys

Ensuring government compliance for all of your employees can be too much for an employer to juggle with the responsibilities of running a business. If you have a compliance problem that requires experienced legal advice and representation, call 212-686-3838 or contact Barst Mukamal & Kleiner LLP online today to schedule a consultation.