Employers are required to verify the identity and employment eligibility of all employees. The U.S. Immigration and Customs Enforcement (USICE) isinspecting companys employment records in order to make sure that they are complying with employment eligibility verification laws and regulations and is holding employers accountable for their hiring practices. Employers should be aware that very substantial fines can be imposed for failure to properly obtain and have available the appropriate documents regarding employees eligibility to legally work in the US. Importantly, if the appropriate documentation is not completed properly, fines can be imposed for paper work violations even if all employees are legally permitted to work in the US.
Employers are also required to maintain certain documentation in a public access file and provide other workers in the same profession with notice that the company is petitioning the U.S. Citizenship and Immigration Services (USCIS) to employ someone in H-1B status. The U.S. Department of Labor (USDOL) is holding employers liable for compliance with regulations relating to the payment and placement of H-1B employees. Failure to comply with regulations can lead to the award of payment for back wages and debarment from filing future petitions and applications with the USCIS and the USDOL.
The area of employer compliance is becoming more complex and enforcement, both in the areas of I-9 forminspections and H-1B public access file investigations, is increasing dramatically. In order to effectively deal with these issues and avoid the very severe consequences for non-compliance, employers must take the time to develop a strategy and be prepared in advance with an Immigration Compliance Program that includes training and internal audits.
Butzel Long attorneys have extensive experience in counseling clients on all aspects of employer compliance, from properly completing the I-9 form and the H-1B public access file to providing in-house training to employers regarding compliance issues. We work with employers in developing customized programs in order to promote compliance and reduce the risk of violations and penalties. Butzel Long attorneys are experienced in representing employers in I-9 audits and H-1B public access file investigations and have successfully negotiated with the US Department of Homeland Security in reducing fines and penalties.
- Provided preventative counseling on sending foreign expatriates to Mexico. Including immigration regulations, as well as labor and tax implication and employer sanctions
- Conducted in-house training on all areas related to doing business in Mexico
- Obtained all types of visas for Mexico, including tourist, business, technical, Board members, pre-approved work permits, change of status, permanent resident, Exit and Re-Entry permits, and renewals
- Conducted internal audits of I-9 forms for clients
- Represented employers during investigations conducted by USICE and USDOL regarding employment verification issues
- Represented employers in investigations conducted by the USDOL concerning H-1B Labor Condition Application public access file including benching and wage and hour issues.
- Represented employers in USCIS administrative site visit
- Represented clients in obtaining Mexican visas at various Mexican Embassies and Consulates abroad
- Coordinated the establishment of foreign corporate entities in Mexico, obtaining all necessary permits to carry out business and advise on all business related legal areas, in consistency with multi jurisdictional implications
- Obtained work visas in other countries such as Brazil, Germany, Belgium, Austria, etc.
- Conducted in-house training regarding preparing and maintaining H-1B public access files and Labor Certification Applications
- Conducted in-house training on I-9 form compliance and retention, including electronic completion and storage of I-9 forms
- Michigan Lawyers Weekly, July 19, 2019
- Butzel Long attorney Reginald Pacis featured during Philippine Nurses Association Annual Spring Educational Conference on April 13 in TroyMarch 18, 2019
- Butzel Long attorney Reggie Pacis quoted in Crain's Detroit Business on renegotiated NAFTA and its impact on immigration rulesCrain's Detroit Business, March 3, 2019
- Butzel Long attorney Reginald Pacis appointed by Governor Snyder to serve as a Commissioner to the Michigan Asian Pacific American Affairs CommissionDecember 28, 2018
- November 5, 2018
- Butzel Long attorney Reggie Pacis appeared on WJR's Frank Beckmann Show to discuss birthright citizenshipWJR-AM 760, October 31, 2018
- Butzel Long attorney Reginald Pacis featured during panel discussion on immigration on October 11 in HowellSeptember 13, 2018
- Butzel Long attorney Bushra Malik interviewed by National Public Radio on two new USCIS policy memosJuly 18, 2018
- June 13, 2018
- Butzel Long attorney Reggie Pacis discusses Recent Federal Immigration and Customs Enforcement (ICE) 7/11 Raids on WJR's Frank Beckmann ShowJanuary 11, 2018
- Butzel Long attorney Reginald Pacis featured during Wayne State University Law First Generation Professionals TIPS Interview PanelSeptember 20, 2017
- Butzel Long attorney Reggie Pacis quoted in the Detroit Free Press on travelers' texts and emails searched at Detroit Metro AirportJanuary 30, 2017
- Butzel Long attorney Efe Poturoglu discusses President Obama’s executive action on immigration on Voice of America; interview also broadcast on national Turkish television stationNovember 21, 2014
- January 20, 2014
- Latest developments in labor, employment and immigration law to be highlighted during November 15 seminarOctober 16, 2013
- Butzel Long hosts 25th Annual Labor, Employment, and Immigration Law Forum November 8, 2012 in DearbornOctober 18, 2012
- Butzel Long hosts 24th Annual Labor, Employment, and Immigration Law Forum November 11, 2011 in DearbornOctober 27, 2011
- June 9, 2011
- Butzel Long attorney Reginald A. Pacis featured during immigration presentation at Madonna University to students on March 24March 22, 2011
- October 27, 2010
- October 14, 2010
- Butzel Long attorney Clara DeMatteis Mager elected President of the Italian American Bar Association of MichiganJuly 27, 2010
- New immigration rules and additional compliance issues will be discussed during Butzel Long program on July 28July 15, 2010
- Butzel Long attorney Reginald A. Pacis to Chair the American Immigration Lawyers Association’s National Customs Border Protection Liaison CommitteeJuly 8, 2010
- Butzel Long attorneys James C. Bruno & Marie Alsace Galindo featured at Int'l Conference of Mexico Automotive Industry July 13-15 in Mexico CityJuly 6, 2009
- June 4, 2009
- October 22, 2008
- October 2, 2018
- June 30, 2017
- January 6, 2009
- December 16, 2008
- August 14, 2008
- November 30, 2007