Immigration Laws and Procedures:

What Employers Need to Know

Carl Shusterman
January 2013

I-9 Requirement for Employers Procedure (Section I)

Employers are required to Complete Form I-9 for
All New Hires
Day 1 - Employee Must Complete Top Portion of
Form
I am a:
(1) Citizen or National of the U.S.
(2) Lawful Permanent Resident - A#
(3) Alien Authorized to Work Until

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I-9 Requirement for Employers Procedure (Section 2)

By Day Three, Employers Must Verify the Workers ID

and Employment Authorization
Worker must present one List A Document (ID and
Employment Authorization)

or

One List B Document (Establishes Identity)

and
One List C Document (Establishes Employment
Authorization)
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I-9 Requirements for EmployersProcedure (Section 3)

Updating and Reverification
When Work Authorization
Document is Extended
Name Changes
Rehired Employees

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Employers Who Try Too Hard

Employers Sanctions
Anti-Discrimination
Laws
Document Abuse
Laws

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Shusterman

New I-9 Form Coming Soon?

Proposed Only
Would Become a 2Page Form
6 Pages of Instructions
Over 6,000 Comments
Received

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Shusterman

No-Match Letters
Constructive Knowledge?
Give Employee Opportunity to Correct
Social Security Number Verification Service
(SSNVS) (800) 772-6270
http://www.socialsecurity.gov/employer/noMa
tchNotices.htm
(Court Injunction)

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Shusterman

E-Verify Program
A Solution for Employers?

Insulation from Liability?

Identity Theft?
Is E-Verify Ready for Prime Time?

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Shusterman

Navigating the Immigration

Maze:

Immigration: Clearing the

Hurdles
Alphabet Soup:
Government agenciesUSCIS, DOL, DOS
Immigration Forms; Big
enough to keep me warm
Quotas: Temporary &
Permanent Visas

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Shusterman

Temporary Business Visas Part I

B-1 Business
Visa

E-3 Australian
Professional

E-1 Treaty Trader

H-1B
Professional

E-2 Treaty
Investor

H-3 Trainee

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Shusterman

Temporary Business Visas

Part II

J-1 Exchange Visitor

P-1 Performers and

Athletes

L-1 Intracompany
Transferee

R-1 Religious
Worker

O-1 Extraordinary
Ability

TN Occupations

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Shusterman

H-1B Professionals
Basic Qualifications
Possession of University Degree
Job Requires University Degree
Prevailing Wage
Dual Intent

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Shusterman

H-1B Professionals - Limitations

Annual Numerical Caps - 65K and 20K
6,800 H-1Bs for Citizens of Singapore and
Chile
Exemptions from Cap
Maximum Duration 6 years
Exemptions from Maximum Duration
No work permits for H-4 Spouses and Kids

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Shusterman

J 1 Exchange Visitors
Includes Trainees
Two-Year Home
Residency Requirement
for Some
Waivers from Two-Year
Requirement
Work Permits for J-2
Spouses
No Dual Intent

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Shusterman

L-1A Intracompany Managers

and Executives

Must be Employed Abroad for 1 Year

In Same Capacity
For Same Company
Or for Parent, Subsidiary or Affiliate

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Shusterman

L-1A Benefits and

Limitations:
No Numerical Cap
No Prevailing Wage Requirement
Maximum Duration 7 Years
Work Permits for L-2 Spouses
Easy Transition to Permanent
Residence
Blanket Petitions
Dual Intent

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Shusterman

L-1B Specialized Knowledge

Workers
Must be Employed
Abroad for 1 Year
In Same Capacity
For Same Company
Or for Parent,
Subsidiary or Affiliate

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Shusterman

L-1B Benefits and

Limitations:

No Numerical Cap

Work Permits for L-2

Spouses

No Prevailing Wage
Requirement

Requires PERM for

Permanent
Residence

Dual Intent

Maximum Duration
5 Years

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Shusterman

O-1 Extraordinary Ability

Visas
For Those Who Have Risen to
Top of Field
No Numerical Cap
No Prevailing Wage
Requirement
No Maximum Duration

Initially for 3 Years

No Work Permits for Spouses

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Shusterman

TN (Trade NAFTA)

For Canadian and

Mexican citizens
only
60+ Occupations
Mostly
Professionals

Extensions Required
Every Three Years

Canadians are Visa

Exempt

No Dual Intent

No Work Permits for

No Numerical Cap
Spouses
or Maximum
Duration
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Shusterman

How to Obtain
Permanent Residence:
Employmen
t
Relatives
Visa Lottery
Investment
Asylum

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Shusterman

Priority Workers (EB-1)

Persons of Extraordinary Ability
Outstanding Professors and
Researchers
Multinational Managers and
Executives

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Shusterman

Persons with Advanced

Degrees or Exceptional
Ability (EB-2)
M.D., J.D., Ph.D, Masters or Bachelors
Plus Five Years
PERM Requirement Recruiting for U.S.
Workers
National Interest Waivers For
Physicians
National Interest Waivers For Others

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Shusterman

Professional and Skilled

Workers (EB-3)
Persons whose jobs
Require a 4 year
Degree
Persons whose jobs
Require 2 years of
Experience
PERM Requirement
Recruiting U.S. Workers

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Shusterman

Green Cards through

Employment Procedure:
Demonstrate that
there are No Qualified
U.S. Workers for
Position
Prevailing Wage
Requirement
Advertisements in Print
Media, Internet, Job
Fairs, etc.

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Shusterman

Green Cards through

Employment Waiting
Times:
Annual Numerical Cap 140,000
including Spouses and Children
Visa Bulletin Published Monthly by
State Department
Per-Country Limitations - 7%
Requirement
Countries with Significant Backlogs
Grounds of Inadmissibility

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Shusterman

How to Obtain Additional

Information and Stay
Updated
Immigration Laws, Regulations &
Procedures are Ever Changing
Our Website
www.shusterman.com
Contains Employers Immigration
Guide
U.S. Immigration Daily News Ticker
Free, Monthly E-mail Newsletter
60,000+ Subscribers

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Shusterman