Worksite Compliance

We craft strategies and solutions to meet unique employer and individual needs. Our attorneys help clients anticipate the areas where the U.S. government may challenge a case, and we reverse engineer the case to lower the risk of denial. We have a long and successful track record with cases presenting significant hurdles or requiring out-of-the-box thinking.

Our services include helping U.S. and foreign employers obtain visas for foreign nationals to work in the United States as managers, professionals and other specialized employees. We assist academic institutions, non-profit research centers and medical centers in obtaining the extraordinary and outstanding talent needed to push the forefront of research and development.  We advise businesses regarding compliance with I-9 employment verification rules and counsel employers involved in U.S. Immigration and Customs Enforcement or Department of Labor audits and investigations.

We use leading secure web-based technology for case management, so immigration coordinators, managers and employees can access appropriate case information on a 24/7 basis. Our website (http://immigration.dinsmore.com) includes useful tools, helpful summaries and alerts relating to the latest developments.

Additionally, our attorneys add value by offering the following services:

  • On-site Training;
  • Town Hall Meetings;
  • Status and Strategy Conferences;
  • Newsletter for HR Professionals;
  • Newsletter for Foreign National Employees; and
  • Client Alerts

Worksite Compliance

With increased scrutiny and worksite enforcement actions, worksite compliance is vital to the success of any multinational business.  Worksite compliance impacts companies that employ foreign national workers and those who do not.  We assist in tailoring an approach to fit our clients’ business needs, to avoid liability and protect interests.  Our services include:

Training Programs

We offer training sessions on I-9 (employment verification eligibility) compliance targeted to our clients’ business.  The sessions cover a range of I-9 and E-Verify topics, as well as take-home materials that can serve as a handbook for handling recurring issues. The topics our programs cover include: properly completing the I-9, spotting document fraud, handling reverification, minimizing the risk of penalties for I-9 violations, dealing with social security number "mismatches," and responding to tentative nonconfirmations in the E-Verify process.

I-9 Compliance Assessments

At our client’s request, we create specifically tailored I-9 compliance assessment reports that cover all aspects of worksite compliance.  We review all written employer policies and procedures regarding I-9 compliance, as well as a representative sample of the employer’s I-9.  Upon completing the review, we have discussions with the HR professionals responsible for completing I-9 forms to understand the mechanics of the employer’s on-boarding, reverification, and I-9 retention procedures. We then provide the employer with an I-9 report card and identify areas where the employer is in full compliance, as well as the areas where the employer's program falls short and is potentially exposed to I-9 penalties, sanctions and other liabilities.

Guided Self-Audits

We assist employers in reviewing the state of their I-9s. First, we provide an overview to the personnel who will complete the audit, providing them with materials and tools to assist them in spotting I-9 problems. Second, we provide advice on an as-needed basis during the self-audit to assist the HR team on how to correct any deficiencies found within the I-9 forms. Third, at the conclusion of the self-audit, we review a sampling of the I-9s and any specific I-9s the employer designates for review to ensure the documents meet the governing legal standards.

Performing and Handling an I-9 Audit

We assist in on-site and off-site audits of employer I-9 files for clients from coast to coast.  We perform full or partial I-9 reviews to identify those documents that require additional steps to comply with I-9 laws.  We recommend specific actions to remedy any problematic I-9 forms and highlight other issues that may expose the employer to I-9 penalties and sanctions. We provide recommendations and share best practices to prepare for and respond to a potential government audit. 
 

I-9 Inspection and Raid Defense

We assist employers in the event of a government inspection or raid - communicating and negotiating with the government on the employer's behalf and, if necessary, representing the employer before U.S. federal agencies and courts.