In addition to representing employers and foreign beneficiaries regarding non-immigrant visas, permanent residence, and United States citizenship, we regularly advise clients in numerous ancillary matters. Such matters include compliance with a multitude of government regulations like Department of Commerce export controls, Department of Labor I-9 employment eligibility verification, and mergers & acquisitions as it relates to the status of foreign workers in the U.S. What sets us apart from many other immigration practicioners is our unaparalleled business experience. This experience is vital in not only advising foreign clients on establishing a U.S. presence, but also in analyzing complex business issues related to such areas as mergers & acquisitions, international joint ventures, and foreign ownership of stock as they relate to employment immigration. Our attorneys are readily accessible to address any ancillary immigration issues as they arise.
Form I-9 Employment Eligibility Verification
On December 19, 2007, the USCIS released the revised Form I-9 Employment Eligibility Verification which must be used by employers begining December 26, 2007. Employers are required to complete an I-9 Form for all employees. To download the new form, click on New I-9 Form. Instruction for employers completing the new I-9 Form can be found in the Handbook For Employers.
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. Every U.S. employer must have a Form I-9 in its files for each new employee, unless the employee was hired before November 7, 1986, and has been continuously employed by the same employer. A Form I-9 also need not be completed for those individuals:
providing domestic services in a private household that are sporadic, irregular, or intermittent;
providing services for the employer as an independent contractor (i.e. carry on independent business, contract to do a piece of work according to their own means and methods and are subject to control only as to results for whom the employer does not set work hours or provide necessary tools to do the job, or whom the employer does not have authority to hire and fire); and
providing services for the employer, under a contract, subcontract, or exchange entered into after November 6, 1986. (In such cases, the contractor is the employer for I-9 purposes; for example, a temporary employment agency.)
Employment Eligibility Verification Pilot Program
The Employment Eligiblity Verification Program (EEV) is an Internet-based system operated by U.S. Citizenship and Immigration Services (USCIS) in partnership with the Social Security Administration (SSA). The EEV is currently free to employers and is available in all 50 states. The EEV provides an automated link to federal databases to help employers determine employment eligibility of new hires and the validity of their Social Security numbers.
You can register for the at Employer Verification Program. At the end of the registration process, you will be required to sign a Memorandum of Understanding (MOU) that provides the terms of agreement between you the employer, the SSA and USCIS. An employee who has signatory authority for the employer can sign the MOU. Employers can use their discretion in identifying the best method by which to sign up their locations for EEV. For example, an employer may choose to designate one site to perform the verification queries for newly hired employees on behalf of the entire company. Only one MOU would need to be signed for this option. An employer may also choose to have each site perform their own verification queries. This option requires each site performing verification queries to register and to submit an MOU to participate in the program.
Using an automated system, the program involves verification checks of SSA and USCIS databases. The EEV MOU, User Manual and Tutorial contain instructions and other related materials on EEV procedures and requirements. Once the user has completed the tutorial, he may begin using the system to verify the employment eligibility of all newly hired employees.
Export Controls
To work with controlled dual-use technology in the United States, foreign nationals and the firms that employ or sponsor them must comply with U.S. export control and visa regulations. Commerce, in consultation with other departments, is responsible for issuing deemed export licenses to firms that employ or host foreign nationals. While the Department of State is responsible for issuing visas to foreign nationals outside the United States, USCIS is responsible for approving requests from foreign nationals in the United States seeking to change their immigration status. Deemed export licensing regulations govern a foreign national’s access to controlled technology. The review process for a deemed export license application parallels the review process of an application for a license to export commodities or technologies overseas. Under U.S. export control regulations, a firm is required to seek a deemed export license if the export of the technology to the foreign national’s country of citizenship would require a license. If a license is required, the exporter must submit a license application to Commerce identifying the technology, the reason it is controlled, the proposed destination, and the intended end-user. In the case of deemed export license applications, firms must also provide the foreign national’s resume, visa type, and a list of his or her publications. An application for a deemed export license may list more than one foreign national.
