Challenges in Employer Immigration Compliance

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Challenges in Employer Immigration Compliance

There are a number of complex issues within immigration law, and that’s why you turn to the immigration lawyers at Buhler Thomas Law, P.C. Our immigration attorneys can help you stay ahead of rules and regulations that are ever-changing.

A big part of our service to you includes keeping you abreast of common issues within the field, and how you can handle them. Here are a few of the biggest issues keeping us busy.

Enforcement

All immigration attorneys are aware of the I-9 process instituted in 1986, but enforcement policies for these laws change frequently. Until the mid-2000s, enforcement of employer sanctions laws had been almost completely through civil provisions of the law, which meant nothing more than a slap on the wrist for penalties.

That all changed during the last two presidential administrations. Criminal enforcement is higher than ever, often through publicized raids. The “look the other way” approach that often pervaded this area is long gone; there are heavy consequences for breaking the rules, and that’s why you need a detailed attorney to help keep you in line.

E-Verify

Electronic verification has become standard, but there are still some employers who are playing catch-up here. E-Verify allows ICE to inspect employer records without notice, and immunity is lessened. Compliant employers have nothing to worry about, but those bending the rules won’t slip through the cracks as easily.

Quotas Vs. Reality

In recent years, quotas for visa categories have badly lacked compared to realities. Quotas have been so low that many employers were basically in a glorified random lottery for application approval. These are challenges everyone in the field has to face simultaneously.

Downturn Realities

The economy is on the rebound, but certain realities of the major downswings that took place over parts of the last decade remain within the immigration field. Terminations, layoffs and other forms of employee reduction have led to misunderstood consequences under US immigration laws, including leaves of absence, salary and benefit reduction, hour reduction and other areas. Employers taking seemingly prudent measures to deal with a business downturn may actually cause themselves to be in violation of immigration laws.

To learn more about how to avoid these challenges, or to schedule a consultation with one of our immigration lawyers, contact us at Buhler Thomas Law, P.C. today.