The Immigration Reform and Control Act made all U.S. employers responsible to verify the employment eligibility and identity of all employees hired to work in the United States after November 6, 1986. To implement the law, employers are required to complete Employment Eligibility Verification forms (Form I-9) for all employees, including U.S. citizens.
We have represented a variety of U.S. Companies in I-9 audits and investigations. Our firm is often engaged by criminal and corporate counsel to provide expert testimony in Immigration compliance litigation.
We provide seminars to Human Resource Departments on “Best Practices” and do audits of I-9 and Immigration compliance as a preventative measure.
E-Verify and Form I-9
Form I-9 is the core of E-Verify. E-Verify is an Internet-based system that compares information from the Form I-9 to government records to confirm that an employee is authorized to work in the United States.
Although E-Verify uses information from Form I-9, there are some important differences between Form I-9 and E-Verify requirements.
Is voluntary for most businesses
Does not require a Social Security number
Requires a Social Security number*
Does not require a photo on identity documents (List B)
Requires a photo on identity documents (List B)
Must be used to re-verify expired employment authorization
MAY NOT be used to re-verify expired employment authorization
- USCIS’ Handbook for Employers – Guidance for Completing Form I-9
- Immigration and Customs Enforcement IMAGE Program
- Small Business Administration Hiring
- DHS Office for Civil Rights and Civil Liberties (CRCL)
- Social Security Administration
- Department of State
- Office of Special Counsel for Immigration Related Unfair Employment Practices
Each year hundreds of thousands of people travel to the United States to do business and work temporarily. The United States welcomes the international exchange of commerce, the contribution of temporary workers to our society, and cultural, educational and training programs in the U.S. The kind of visa you will need is defined by immigration law, and relates to the intended purpose of your travel. Some of these Visa’s include H-visas for skilled occupations, temporary workers, temporary trainees, and immediate relatives of H-visa holders; also L-visas for intracompany transferees who work as managers, executives, or persons with specialized knowledge, and the immediate relatives of L-visa holders.
In order for you to come to the United States lawfully as a nonimmigrant to work temporarily in the United States your prospective employer must generally file a nonimmigrant petition on your behalf with USCIS1. The main nonimmigrant temporary worker classifications are listed in the table below. For more information about the filing requirements for particular nonimmigrant classifications, see the specific classification links under “Temporary Workers” to the left.
Spouses and Children Seeking Dependent Nonimmigrant Classification
Spouses and children who qualify for dependent nonimmigrant classification of a temporary worker and who are outside of the United States should apply directly at a U.S. consulate for a visa.
Spouses and children requesting a change of status or extension of stay in a dependent nonimmigrant classification must file Form I-539, Application to Extend/Change Nonimmigrant Status. Please see the Form I-539 instructions for further information on filing procedures for this application.
Federal U.S. Tax Information
Aliens employed in the U.S. may have a U.S. Tax obligation. See the Internal Revenue Service (IRS) for more information.
|Temporary (Nonimmigrant) Worker Classification
|Nonimmigrant Classification for a Temporary Worker||Description||Nonimmigrant Classification for Dependent Spouses and Children of a Temporary Worker|
|CW-1||CNMI-Only transitional worker||CW-2|
|E-1||Treaty traders and qualified employees.||E-1|
|E-2||Treaty investors and qualified employees.||E-2|
|E-2C||Long-term foreign investors in the CNMI||E-2C|
|Certain “specialty occupation” professionals from Australia.||E-3|
|H-1B||Workers in a specialty occupation and the following sub-classifications:H-1B1 – Free Trade Agreement workers in a specialty occupation from Chile and Singapore.
H-1B2 – Specialty occupations related to Department of Defense Cooperative Research and Development projects or Co-production projects.
H-1B3 – Fashion models of distinguished merit and ability.
|H-2A||Temporary or seasonal agricultural workers.||H-4|
|H-2B||Temporary non-agricultural workers.||H-4|
|H-3||Trainees other than medical or academic. This classification also applies to practical training in the education of handicapped children.||H-4|
|I||Representatives of foreign press, radio, film or other foreign information media.||I|
|L-1A||Intracompany transferees in managerial or executive positions.||L-2|
|L-1B||Intracompany transferees in positions utilizing specialized knowledge.||L-2|
|O-1||Persons with extraordinary ability in sciences, arts, education, business, or athletics and motion picture or TV production.||O-3|
|O-2||Persons accompanying solely to assist an O-1 nonimmigrant.||O-3|
|P-1A||Internationally recognized athletes.||P-4|
|P-1B||Internationally recognized entertainers or members of internationally recognized entertainment groups.||P-4|
|P-2||Individual performer or part of a group entering to perform under a reciprocal exchange program.||P-4|
|P-3||Artists or entertainers, either an individual or group, to perform, teach, or coach under a program that is culturally unique.||P-4|
|Q-1||Persons participating in an international cultural exchange program for the purpose of providing practical training, employment, and to share the history, culture, and traditions of the alien’s home country.||Not Applicable|
|TN||North American Free Trade Agreement (NAFTA) temporary professionals from Mexico and Canada.||TD|
Only a few nonimmigrant classifications allow you to obtain permission work in this country without an employer having first filed a petition on your behalf. Such classifications include the nonimmigrant E-1, E-2, E-3 and TN classifications, as well as, in certain instances, the F-1 and M-1 student and J-1 exchange visitor classifications.
When holders of nonimmigrant visas enter the United States, they receive an I-94 card that specifies the deadline date by which they must leave the United States. To extend a stay beyond that date, permission must be obtained from the USCIS prior to the expiration date on the I-94 card. Of course, only people who lawfully entered the United States in the first place are eligible to seek an extended stay
Immigrant visas are for people who want to live permanently in the United States. You must have one even if you do not want to work in the United States. For foreign nationals here on a workers visa, changing of status to Permanent Resident will require Labor Certification of the job position by the employer with the Department of Labor. The green card (Legal Permanent Residency) requirements for the L-1A Manger/Executive require a showing of all of the same evidence of the L-1A Manger/Executive visa petition. The main additional requirement is that the U.S operation be in existence for at least a year.