I-9 Compliance

Form I-9, Employment Eligibility Verification was created to determine authorization to work legally in the United States. While all U.S. citizens and many foreign nationals are authorized to work here, employers and employees must work together to complete Form I-9 for every employee hired after November 6, 1986, as proof of legal status and work authorization in the U.S. The employer must then keep the completed form on file for a specific period of time and to be considered in compliance with U.S. immigration and employment law. Because of the serious implications surrounding this form, employers should strongly consider having established written I-9 policies and procedures, training personnel in I-9 verification and conducting I-9 self-audits with the assistance of immigration legal counsel. Additionally, prior to any merger or acquisition, a potential purchaser should consider the liabilities it may be assuming in acquiring the other company.

Grzeca Law Group's areas of service and expertise include corporate compliance program and policy development, internal audits, and Form I-9 training for corporate clients and their employees. Please contact our office if we can be of any assistance in ensuring that all your company's I-9s are compliant with U.S. employment and immigration laws.

Worksite Enforcement

In an era of severe worksite enforcement actions, every employer must have a plan for responding to everything from handling inquiries from law enforcement officials to defending itself against potential criminal charges. Grzeca Law Group is prepared to assist employers in this era of enforcement by auditing all I-9 forms completed by the company and creating overall immigration compliance programs to mitigate any potential liability.

Public Access File

As part of the effort to protect U.S. workers, employers of H-1B and E-3 nonimmigrants must maintain a "Public Access File" for the employee. This file should be separate from the individual's normal personnel file and must be available for public viewing. In addition, specific documents, and only those specific documents, should be included in the file. Failure to maintain a Public Access File with all of the required information could result in significant liability for the company. Grzeca Law Group works closely with its employer clients to ensure that all Public Access File requirements are complied with at the time a Labor Certification Application (LCA) is filed. In addition, we assist clients in auditing their own filing systems to ensure the Public Access Files are in order.

Mergers and Acquisitions

When companies are considering a merger, acquisition, or internal reorganization, the decisions are rarely made with immigration implications in mind. However, during these situations, GLG consistently works with its clients to ensure that potential I-9 liabilities are mitigated, all necessary notifications are made to immigration authorities, immigration status is maintained for key employees throughout the restructuring, and works with employment counsel to ensure a new partnership is formed in a way that would favor future intracompany transfers. Overlooking immigration related issues in a merger, structure reorganization or acquisition can cause significant internal and legal repercussions.

Click here to read "Keeping it in the Family: The Impact of Corporate Restructuring on Intracompany Transfers", which was written by Grzeca Law Group attorneys.