Immigration Law in the Workplace

Immigration Law in the Workplace is the one resource that focuses intensely on the newest 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 will soon need to comply with new 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 an immigration handbook written specifically for American companies and the legal professionals who advise them. 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, and felony charges.

This unique resource is current - and it will keep you current going forward, demystifying immigration law matters, putting them into understandable terms, and giving you exactly - and only - what you need to get the job done. The book fully covers:

• I-9 Audits, and how to prepare for them
• Enforcement
• Sanctions
• E-verify
• IMAGE
• Social Security No-Match Letters
• Tax Issues for Foreign Employees
• Safe Harbor Rules
• Coming Changes Brought on by the Supreme Court's Flores-Figueroa decision

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.

The book's comprehensive, authoritative yet easy-to-read topical approach to current worksite enforcement and compliance issues is the most current on the market. Immigration Law in the Workplace is the one immigration employment book you will keep close to your desk for daily reference.

Immigration Law in the Workplace has been updated to include:

• H-1B Portability latest I-9 USCIS instructions
• Short-Term Employees’ Form I-9 Procedures
• Form I-9 Electronic Storage and Signatures retention rules
• Resumption of Social Security No-Match Letters
• Latest changes to the IMAGE program’s benefits to employers
• Latest changes to the IMAGE Best Employment Practices
• Changes to the ICE Worksite Enforcement Strategy
• Latest Obama Administration’s Worksite Enforcement Policies including I-9 Audits
• New export control attestation filing requirements for H-1B, H-1B1, L-1, and O-1A visas Requirements for O Visa Agents and P-1 Visa Agents
• Additional information regarding the two year continuous presence requirement for religious workers and on-site investigations of religious worker petitions
• Update 2011 on EB-5 Regional Centers
• Update 2011 for filing I-129 petitions for foreign workers
• Update 2011 for filing under the Premium Processing program for I-129 Petitions for foreign workers
• BALCA decision effecting the definition of business days for PERM Labor Certification Application’s Posted Notice requirement
• Update on state immigration laws related to public benefits and health, employment eligibility verification, law enforcement and driver’s licenses and Real ID
• New section on state immigration laws related to the policy area of education
• Tax Treaties added for Bangladesh, Bulgaria, and Malta
• Update on Tax Treaty for Belgium, Iceland, and New Zealand
• Earned income exclusion for US Citizens living abroad updated to $92,900 for 2011
• Mark-to-Market Floor automatic recognition of income for expatriates increased to $626,000 for 2010 and to $636,000 for 2011
• Update 2011 reduction of U.S. employee contribution to FICA from 6.2% to 4.2%
• Update 2011 reduction of self employment tax from 12.4% to 10.4%
• Totalization Agreement added for Czech Republic, Poland, and South Korea
• SSA resumption of mailing out no-match letters to employers
• New E-Verify Posters
• New ICE IMAGE Draft Agreement
• New Form I-765, Application for Employment Authorization and Instructions
• New STEM List
• New Form I-129, Petition for Nonimmigrant Worker and instructions
• ICE IMAGE Pamphlet

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

• 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