Looseleaf

Immigration Law in the Workplace

0735582521

Immigration Law in the Workplace

Contributor(s)
By (author) Charles M. Miller
By (author) Marcine A. Seid
By (author) Christopher Stowe Jr.
Update Frequency
Updated annually
Last Update
11/13/2013
Available formats
$349.00
Quantity pricing available

Details

The White House Immigration executive action will affect approximately five million persons, is your I-9 and E-Verify staff ready for the coming changes?

Immigration Law in the Workplace is the answer!

Immigration Law in the Workplace is the one indispensable resource that keeps its readers current on the latest changes in the Immigration Law. Over 8 million employers have reporting requirements to the IRS, Social Security Administration and the Department of Homeland Security for their U.S. and foreign workers. Thousands of government contractors and subcontractors need to comply with federal regulations that require them to use the E-Verify electronic system for new hires and their existing employees.

Immigration Law in the Workplace is the only immigration handbook written specifically for American companies, their managers, immigration compliance staff and legal professionals. It covers everything you deal with - and will deal with - on a daily basis in regard to foreign workers. It walks you through all the current steps and helps you set up a framework so you’re not exposing your company to federal investigation, federal prosecution, white collar criminal liability and penalties.

Immigration Law in the Workplace covers such topics as:

  • ICE I-9 Audits, and how to prepare for them
  • Immigration applications and petitions for your foreign employees, including H-1Bs, L-1s, TNs
  • How to fill out the two-page Form 1-9
  • Changes in the Handbook for Employers
  • I-9 guidance in cases where the employee has used another name in situations other than a legal name change
  • New I-9 legal name change policy
  • Starting an Immigration Compliance program
  • And more!

Immigration Law in the Workplace is the first and last book your company will turn to for immigration employment questions. Clear, concise guidance from leading immigration employment and tax experts provides you with direct understanding of compliance rules. The latest information from the Federal government is fully explained - accompanied by charts and forms that assist decision making and compliance.

Immigration Law in the Workplace has been updated to include:

  • President Obama's Immigration Accountability Executive Action
  • The Deferred Action for Childhood Arrivals (DACA) program expansion
  • Deferred Action for Parental Accountability (DAPA) for parents of U.S. citizens and lawful permanent residents
  • Greater utilization of the EB-2 National Interest Waiver
  • Modernization of the employment-based immigrant visa system
  • National interest waiver and parole for foreign inventors, researchers and founders of start-up enterprises
  • Expansion and extension of on-the-job training for STEM graduates of U.S universities
  • Unlawful Presence Provisional Waiver expansion
  • Discussion of the functions of the Administrative Appeals Office
  • The effect of Administrative Appeals Office precedent and nonprecedent decisions
  • Information on the E-Verify Further Action Notice on correcting immigration records
  • The Office of Special Counsel for Immigration-Related Unfair Employment Practices' advice for employers who conduct an internal audit
  • Discussion of the Board of Immigration Appeals ruling concerning E-1 and E-2 spouse or unmarried dependent son or daughter work authorizations
  • Updated information on H-1B Employer Wage Obligations
  • New Office L-1 Visas
  • Updated list of countries eligible to participate in the H-2A and H-2B Program

For more information on Immigration Law, read co-author Charles Miller's Immigration Employment Blog!

ISBN: 9780735582521
SKU: 0735582521
  • 1. AGENCY OVERVIEW AND SOURCES OF AUTHORITY
    • THE DEPARTMENT OF HOMELAND SECURITY AND ITS COMPONENT AGENCIES
    • DEPARTMENT OF JUSTICE
    • OTHER AGENCIES
    • SOURCES OF IMMIGRATION AUTHORITY
  • 2. RECRUITMENT POLICIES
    • RECRUITMENT POLICIES
    • POLICY OF NON-SPONSORSHIP
    • POLICY OF LIMITING HIRING TO PERSONS WITH CURRENT EMPLOYMENT
    • UTHORIZATION
    • POLICY CONTEMPLATING SPONSORSHIP
    • RECRUITMENT INQUIRIES TO DETERMINE NEED FOR SPONSORSHIP
    • UNITED STATES CITIZENS-ONLY HIRING POLICIES
  • 3. EMPLOYER VERIFICATION RESPONSIBILITIES
    • EMPLOYMENT VERIFICATION
    • EMPLOYER FORM I-9 VERIFICATION RESPONSIBILITIES
    • EMPLOYER FORM I-9 VERIFICATION CHECKLIST
    • SPECIAL VERIFICATION RULES
    • TEMPORARY EMPLOYMENT AUTHORIZATION
    • REVERIFICATION
    • SHORT-TERM EMPLOYEES' FORM I-9 PROCEDURES
    • RETENTION RULES
  • 4. EMPLOYER COMPLIANCE
    • INFORMATION CONCERNING UNAUTHORIZED EMPLOYMENT
    • CONSTRUCTIVE KNOWLEDGE
    • SOCIAL SECURITY NO-MATCH LETTERS
    • INDEPENDENT CONTRACTORS
    • IMMIGRATION EMPLOYMENT COMPLIANCE STRATEGY
    • EMPLOYERS SANCTIONS CIVIL PENALTIES
  • 5. ELECTRONIC EMPLOYMENT VERIFICATION PROGRAMS
    • THE E-VERIFY PROGRAM
    • IMAGE
    • ADVISING THE EMPLOYER CONCERNING E-VERIFY AND IMAGE
    • GOVERNMENT CONTRACTORS AND E-VERIFY
  • 6. GOVERNMENT ENFORCEMENT AT THE WORKSITE
    • WORKSITE ENFORCEMENT
    • THE ICE WORKSITE ENFORCEMENT STRATEGY
    • SEARCH WARRANTS
    • CRIMINAL WORKSITE ENFORCEMENT
  • 7. ANTI-DISCRIMINATION AND UNFAIR IMMIGRATION-RELATED EMPLOYMENT PRACTICES
    • UNFAIR IMMIGRATION-RELATED EMPLOYMENT AND PRACTICES (UIREP)
    • DOCUMENT ABUSE
    • CITIZENSHIP OR IMMIGRATION STATUS DISCRIMINATION
    • NATIONAL ORIGIN DISCRIMINATION
    • RETALIATION
    • THE EQUAL EMPLOYMENT OPPORTUNITY RESPONSIBILITIES OF MULTINATIONAL EMPLOYERS
    • CHECKLIST TO AVOID DISCRIMINATION
  • 8. WORKSITE ENFORCEMENT COMPLIANCE
    • WORKSITE ENFORCEMENT COMPLIANCE STRATEGY
    • DUE DILIGENCE STRATEGY
    • SUCCESSOR-IN-INTEREST
    • THE ROLE OF LEGAL COUNSEL
    • EVALUATE YOUR COMPLIANCE PROGRAMS
  • 9. EMPLOYMENT IN THE U.S.
    • UNITED STATES CITIZENS AND NON-CITIZEN NATIONALS
    • EMPLOYMENT ELIGIBILITY OF FOREIGN NATIONALS
    • PERSONS AUTHORIZED FOR GENERAL EMPLOYMENT BY ANY EMPLOYER, ACCORDING TO THEIR STATUS
    • NONIMMIGRANT CLASSIFICATIONS FOR PERSONS ALREADY AUTHORIZED FOR EMPLOYMENT WITH A SPECIFIC EMPLOYER
    • DHS EMPLOYMENT AUTHORIZATION
    • THE EMPLOYMENT AUTHORIZATION DOCUMENT
  • 10. IMMIGRANT PROCESS AND PROCEDURE
    • PREFERENCE SYSTEM
    • EMPLOYMENT-BASED FIRST PREFERENCE (EB-1) - PRIORITY WORKERS
    • EMPLOYMENT BASED SECOND PREFERENCE (EB-2) - ADVANCED DEGREE EXCEPTIONAL ABILITY WORKERS
    • SCHEDULE A
    • EMPLOYMENT-BASED THIRD PREFERENCE (EB-3) - PROFESSIONAL, SKILLED WORKERS AND OTHER WORKERS
    • EMPLOYMENT-BASED FOURTH PREFERENCE RELIGIOUS WORKERS (EB-4)
    • EMPLOYMENT-BASED FIFTH PREFERENCE INVESTOR [EB-5]
    • ADJUSTMENT OF STATUS
  • 11. CIS FILING PROCESS AND PROCEDURES
    • SERVICE CENTERS
    • PREMIUM PROCESSING
    • E-FILING
  • 12. PERMANENT LABOR CERTIFICATION PROCESS
    • AN OVERVIEW OF THE PERMANENT LABOR CERTIFICATIONS PROCESS
    • FOREIGN WORKERS' QUALIFICATIONS
    • PREVAILING WAGE
    • EMPLOYER’S RECRUITMENT REQUIREMENTS
    • NOTICE REQUIREMENTS
    • RECENT LAY-OFFS AND RECRUITMENT EFFORTS
    • INFLUENCE OR CONTROL OVER THE JOB
    • REJECTION OF U.S. WORKERS
    • RECRUITMENT REPORT
    • FILING THE PERM LABOR CERTIFICATION APPLICATION
    • AUDITS
    • APPEALS
    • VALIDITY AND EXPIRATION
  • 13. TECHNOLOGY AND EXPORT LIMITATIONS
    • TECHNOLOGY ALERT LIST (TAL)
    • DEEMED EXPORT RULE
  • 14. STATE IMMIGRATION LEGISLATION AND LOCAL ORDINANCES
    • POLICY AREAS OF CONCERN FOR STATE IMMIGRATION LEGISLATION AND LOCAL ORDINANCES
    • LIST OF STATE IMMIGRATION LEGISLATION AND LOCAL ORDINANCES
  • 15. TAX
    • FEDERAL INCOME TAXATION OF U.S. CITIZENS
    • FEDERAL INCOME TAXATION OF U.S. PERMANENT RESIDENTS
    • RESIDENCE FOR FEDERAL INCOME TAX PURPOSES
    • SUBSTANTIAL PRESENCE TEST
    • EXCEPTIONS TO THE SUBSTANTIAL PRESENCE TEST
    • TAXATION OF NONRESIDENT ALIENS
    • TAX RETURN REQUIREMENTS
    • INCOME TAX TREATIES
    • PAYROLL TAXES
    • SOCIAL SECURITY AND FEDERAL UNEMPLOYMENT TAX
    • STATE TAXES
    • FEDERAL ESTATE AND GIFT TAX
    • IMMIGRATION AND NATURALIZATION CONSEQUENCES FOR NON-REPORTING OR COMPLIANCE PROBLEMS
  • 16. SOCIAL SECURITY ADMINISTRATION
    • OVERVIEW OF SOCIAL SECURITY AND IMMIGRATION EMPLOYMENT
    • ENUMERATION: APPLICATION FOR A SOCIAL SECURITY CARD
    • TYPES OF SOCIAL SECURITY CARDS
    • TOTALIZATION AGREEMENT
    • EMPLOYMENT BEFORE ENUMERATION
    • SOCIAL SECURITY NUMBER VERIFICATION SERVICE (SSNVS)
    • NO-MATCH LETTERS
  • Glossary
  • Appendix A: USCIS, HANDBOOK FOR EMPLOYERS, FORM M-274
  • Appendix B: E-VERIFY MEMORANDUM OF UNDERSTANDING
  • Appendix C: USCIS E-VERIFY USER MANUAL
  • Appendix D: E-VERIFY POSTERS
  • Appendix E: DHS NOTICES OF TENTATIVE NONCONFIRMATION, ENGLISH AND SPANISH
  • Appendix F: SSA NOTICES OF TENTATIVE NONCONFIRMATION, ENGLISH AND SPANISH
  • Appendix G: DHS REFERRAL NOTICES, ENGLISH AND SPANISH
  • Appendix H: SSA REFERRAL NOTICES, ENGLISH AND SPANISH
  • Appendix I: IMAGE AGREEMENT
  • Appendix J: IMAGE PARTNERSHIP SELF-ASSESSMENT QUESTIONNAIRE
  • Appendix K: FORM M-396, USCIS GUIDE TO SELECTED U.S. TRAVEL AND IDENTITY DOCUMENTS, APRIL 2008
  • Appendix L: FORM I-765, APPLICATION FOR EMPLOYMENT AUTHORIZATION AND INSTRUCTIONS
  • Appendix M: SEVP POLICY GUIDANCE: 0801-02, UPDATES TO POST-COMPLETION OPTIONAL PRACTICAL TRAINING, APRIL 25, 2008
  • Appendix N: ETA FORM 9089 AND INSTRUCTIONS, APPLICATION FOR PERMANENT EMPLOYMENT CERTIFICATION
  • Appendix O: E TREATY LIST
  • Appendix P: STEM DESIGNATED DEGREE PROGRAMS
  • Appendix Q: PERM APPENDIX A
  • Appendix R: FORM I-129 AND INSTRUCTIONS, PETITION FOR NONIMMIGRANT WORKER
  • Appendix S: FORM ETA 9035, LABOR CONDITION APPLICATION FOR NONIMMIGRANT WORKERS AND INSTRUCTIONS
  • Appendix T: IMMIGRANT AND NONIMMIGRANT SYMBOLS
  • Appendix U: FORM I-140 AND INSTRUCTIONS, PETITION FOR IMMIGRANT WORKER
  • Appendix V: CHART, "WHO CAN WORK?" SOCIAL SECURITY ADMINISTRATION
  • Appendix W: NAFTA, PROFESSIONAL CATEGORIES, APPENDIX 1603
  • Tables
  • Index

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