Expertise in Corporate Immigration, Work Visas and IRCA (Form I-9) Compliance

United States employment-based immigration cases are more than mere formalities. They are matters of law and require the careful attention of qualified lawyers experienced in immigration. And all employers, whether or not they have foreign nationals on staff, are subject to federal (and sometimes state) level employment eligibility verification law. This is germane in operational and transactional contexts. And in many cases, proactive measures are required to meet compliance requirements and avoid potential exposure to employer sanctions.

The Law Offices of Brian J. Halliday, Inc. keeps abreast of the latest employment-related immigration issues nationally and in Ohio.

Ensuring accuracy in permanent immigration records

Simply obtaining the immediately desired result (i.e., just getting the visa), at the expense of potential fallout down the road, is not satisfactory. The firm carefully analyzes each case individually, creating an immigration record for the client that is clear and correct in order to avoid unwanted implications that could affect future outcomes. The firm provides thorough, attentive, and informed representation by a qualified lawyer at all stages of the immigration process. It is vital not to cut corners, as errors may become part of a permanent immigration record. They may escape notice for years. But these errors may cause serious problems for an employer or employee at an audit, at a port of entry, or when applying for a green card or naturalization.

Temporary employment-authorized visas and employment-based permanent residency

The Law Offices of Brian J. Halliday, Inc. provides comprehensive advice and representation in legal issues related to work-authorized permanent residency (green card) processes. We guide individuals and employers through all phases of the process, including—

• Labor certifications
• Petitions for immigrant workers
• Applications for adjustment of status
• Work authorization and advance parole

Under federal immigration law, employers and some individuals may petition for employment-authorized nonimmigrant visa status for the following classes of temporary workers:

• H-Temporary Employees (H-1B, H-2A, H-2B, and H-3 trainees)
• L-Intracompany Transferees (L-1A, and L-1B)
• E-Treaty Traders and Investors (E-1, and E-2)
• TN-NAFTA Professional Workers (TN-1, and TN-2)
• Chile-Singapore Free Trade Act Professional Workers (H-1B1)
• Australia Free Trade Professional Workers (E-3)
• O-Aliens of Extraordinary Ability and assisting personnel (O-1, and O-2)
• P-Artists, athletes, and entertainers (P-1, P-2, and P-3)

IRCA (Form I-9) Compliance and Employer Sanctions

The Immigration Reform and Control Act of 1986 (IRCA) created a legal requirement for employers to verify the identity and employment eligibility of all employees hired after November 6, 1986. In today’s legal, business, and political climate the once-routine Form I-9 paperwork for new hires now has critical and far-reaching consequences. This is particularly evident in M&A contexts, even for employers who are not in so-called target industries.

Irregularities in Form I-9 practices may trigger investigations, subpoenas and even full-scale worksite raids by federal authorities that may result in loss of employees, substantial fines, negative press and, in egregious cases, criminal charges. Employers may turn to The Law Offices of Brian J. Halliday, Inc. for guidance on how to comply with IRCA and all associated immigration regulations.

The Law Offices of Brian J. Halliday, Inc. helps reduce employers’ exposure to sanctions by advising on how to—

• Perform regular IRCA compliance audits
• Educate hiring managers on the implications of the law
• Assess and mitigate potential liability in due diligence matters
• Establish working IRCA compliance programs to limit employer exposure to potentially crippling sanctions

Compliance with IRCA is also required to weather Federal Contract Compliance audits. And a solid I-9 compliance program eliminates roadblocks that may be encountered in due diligence, making an enterprise more attractive for mergers and acquisitions.

Integrity. Expertise. Personal Service.

For professional advice on employment-based immigration and work visas, or for advice on how to set up an effective IRCA compliance program that protects your organization, contact The Law Offices of Brian J. Halliday, Inc.