Immigration Compliance Bootcamp: Keeping Your Documentation and Processes Up to Date - on DVD
Each year, there is an annual quota of new H1-B visas that can be issued, leaving employers scrambling to file H1-B petitions before the H1-B quota, or H1-B cap, is met. This year, the U.S. Citizenship and Immigration Services will accept cap-subject H-1B petitions for FY 2014 beginning on April 1, 2013 for employment with a start date of Oct. 1, 2013 or later.
As the economy continues to improve and more workers may need H-1Bs to realize employment opportunities, it’s important for employers to prepare for filing their new H-1B petitions in a timely and comprehensive manner, so they can ensure that their employees make the cut -- only 65,000 petitions will be granted.
Also, in June 2012, the Obama administration announced its intent to offer deferred action to an estimated two million undocumented individuals who were brought to the United States as children through the Deferred Action for Childhood Arrivals process. Deferred action will allow these individuals to obtain work authorization and to live without fear of deportation for two years. The USCIS began taking applications for deferred action and work authorization in August, and several have already been approved. For employers, this is a new category of employees with temporary work authorization.
With these new regulations on the table, employers are asking: Which documents are acceptable for I-9 purposes? Can applicants for DACA be accepted for employment prior to their applications being approved? Do I have to hire DACA applicants knowing their work authorization will likely expire in two years?
Learn the answers to these questions and more by participating in this interactive immigration compliance virtual summit for both employers and HR professionals.
Join us from the comfort of your office or conference room for this extended web seminar and learn:
- How to manage H1-B Cap Season, and H1-Bs exemptions, and alternatives
- Best practices for completing, storing and re-verifying I-9s
- How to successfully sponsor an employee’s immigrant and non-immigrant visa application
- Tips for using E-Verify
- The game plan in the event of an ICE raid and what to take away from recent DHS Investigations
- And much, much more...
Here’s what makes this event unique:
Internet conferencing delivers all the professional learning benefits of a regular conference at a fraction of the cost. For one low price, train as many colleagues as you wish with no travel, lodging, or per diem expenses. Just like an off-site conference, you can pick and choose sessions that apply to you and your staff. And unlike lesser imitators, this virtual summit addresses your toughest immigration compliance challenges, and presents real-world answers to your trickiest questions.
This event is perfect for:
- New HR Managers
- HR Generalists and Specialists
- HR Managers and Directors
- HR Senior Vice Presidents and Vice Presidents
- Comp and Benefits Directors and Managers
- FMLA Compliance Managers and Administrators
- In-House Counsel
- Chief Financial Officers
Attorney Valentine A. Brown, a partner at Duane Morris LLP in Philadelphia, serves as global immigration law counsel to a diverse group of multinational and domestic corporations and their employees, providing advice, compliance audits, and representation to help navigate the intricacies of U.S. and foreign immigration laws. She also is an instructor for the Duane Morris Institute, which provides training in all areas of employment law for human resource professionals, in-house counsel, benefits administrators, and managers through classes in Philadelphia, client-site trainings, and webinars. Her courses include I-9 Compliance Basics; E-Verify for Everyone; E-Verify for Federal Contractors; Electronic I-9s: The Pros, the Cons and the Requirements; and H-1B Public Access Files: What Employers Need to Know.
Attorney James Alexander is a Managing Shareholder at Maggio & Kattar. He is a nationally recognized expert in a wide variety of highly specialized areas within the immigration law field including corporate compliance, such as I-9 compliance and e-Verify, complex naturalization matters, gay and HIV positive issues, as well as many areas in between. He approaches each case with his breadth of expertise looking for the best possible solution to a client's immigration challenges whether it is in employment or family based immigration, removal defense, asylum or beyond. Attorney Alexander assists institutional and individual clients across a wide range of industries. His clients range from large, multinational corporations with thousands of active matters to start-up enterprises that require innovative ideas in challenging situations. His corporate clients come from a diverse industry group and include companies within the finance, aviation, defense and technology fields.
Attorney Shanon R. Stevenson is a partner in the Atlanta office of Fisher & Phillips, LLP and a member of the firm’s Global Immigration Practice Group. Stevenson’s practice focuses on corporate immigration law. She began practicing in this area in 1998. She has comprehensive knowledge and extensive experience in a broad range of immigration areas, including advising clients on current immigration legislation, handling nonimmigrant and immigrant visa applications, outbound visas and advising employers on I-9 compliance. Attorney Stevenson is a member of the American Immigration Lawyers Association. She has been repeatedly recognized for her immigration practice in Georgia Super Lawyers -- Rising Stars.
Immigration Compliance Bootcamp: Keeping Your Documentation and Processes Up to Date - on DVD
(All times are Central; please adjust for your time zone.)
10:00 a.m. – 11:00 a.m.: H-1B Cap Season is Here: What Employers Need to Know Now to Prepare (Valentine Brown)
The H-1B Cap Season for Fiscal Year 2014 will begin on April 1, 2013. With improvements in the economy and pent up demand for new H-1Bs since last June, we are expecting that the cap will be reached early, and possibly in the first week of filing. This presentation will explain the cap, its implications and what might happen if it is reached on April 1. In addition, you'll learn exemptions from the Cap, and alternatives to the H-1B Visa. Also:
- What the cap is and why it matters
- Who is subject to the cap and for how long
- What happens if the cap is reached on April 1, 2013
- If there are ways around the cap
- What should be done if the cap is missed
- Who is covered by the STEM law
11:00 a.m. – 12:30 p.m.: Employment-Based Immigrant Visas, and Adjustment of Status vs. Consular Processing (Jim Alexander)
During this session, you’ll learn the secrets to successfully sponsoring an employee’s immigrant and non-immigrant visa application and will find out how to make the system work to your advantage.
Part A will include:
- Labor certifications: PERM, Schedule A, and more
- Immigrant petitions: advanced degree workers, professionals, and skilled workers
- Alternatives to labor certification: multinational managers & executives, “outstanding researchers,” individuals with “extraordinary” and “exceptional” ability, national interest waivers
- Maintaining NIV status while waiting for adjustment status
Part B will include:
- Adjustment of status vs. consular processing: who can adjust, who must adjust, who can’t adjust
- Concurrent filings
- Priority date and visa bulletin issues
- Travel while adjustment is pending: advance parole and re-entry portability
- Three- and ten-year bars
- Changing standards and trends at the service centers
Extended Lunch Break: 12:30 p.m. – 1:15 p.m.
1:15 p.m. – 2:30 p.m.: I-9s Recordkeeping: Best Practices for Completing, Storing, and Re-Verifying (Shanon Stevenson)
What documents are acceptable in support of an I-9? That is a question that continually arises for employers across the country. During this fast-paced session, you'll learn the latest Form 1-9 requirements and tips on I-9 completion and recordkeeping mistakes to avoid. You’ll get insight into re-verification requirements for non-U.S. citizens and non-permanent residents. Plus, you'll learn the likely ways in which the USCIS’ new Form I-9, once final, will differ from the Form I-9 version, which expired on Aug. 31, 2012. Also:
- Up-to-date requirements for the I-9 form
- How USCIS’ new Form I-9, once finalized, will likely differ from the existing Form I-9
- Common I-9 completion mistakes to avoid
- How to complete the I-9 form in compliance with ICE, including best practices and legally acceptable ways to verify documentation
- Form I-9 re-verification requirements for non-U.S. citizens and non-permanent residents
- Whether you must require employees returning to work to complete a new I-9
- The most common recordkeeping errors that can result in ICE scrutiny and fines and how to avoid them
- When it’s safe to destroy old I-9s
- Whether you should photocopy supporting documents and where to store them
- The best strategies for developing and reviewing your I-9 recordkeeping policies to ensure compliance with federal regulations
- Whether a paper I-9 may be stored electronically
- Where to store I-9 forms so they’re available for internal inspection and government audits
- How to avoid the most common problems turned up in I-9 audits, and the tactics the government uses to root out compliance issues
- How to verify that individuals eligible for deferred action are lawfully authorized to work in the United States
- * What you need to know about the Employment Authorization Document (Form I 765)
- Whether an EAD card is sufficient to prove both identity and work eligibility, or whether you may require additional documentation from the employee
- Your compliance obligations when the temporary EAD expires and what you must do if the employee can’t produce new work authorization documentation
Bonus: The presenter will also go over the pros and cons of partnering with the government through E-Verify. You’ll learn:
- Benefits of conducting private I-9 audits
- Identifying patterns of mistakes before federal watchdogs do
- E-Verify anti-discrimination guidelines
Afternoon Break: 2:30 p.m. – 2:45 p.m.
2:45 p.m. – 3:30 p.m.: Avoiding Freezer Burn During an ICE or DOJ I-9 Investigation and What You Can Learn from Recent Enforcement Action Settlements (Valentine Brown)
DHS is focused on criminally prosecuting employers found in violation of federal immigration law—not to mention it won’t think twice about socking it to violators with hefty, in an many cases, multi-million dollar fines. Given the recent increase in worksite enforcement, it’s important for employers to understand what happens during an ICE raid so they’re armed with the knowledge on how to properly respond. During this session, you’ll learn about:
- Best practices for interacting with government agents
- Managing internal operations and dealing with the public
- Worksite enforcement trends
- How owners and managers can avoid criminal prosecution
- Recent examples illustrating how ICE raids could have been avoided
- The latest on immigration-related discrimination investigations and how to avoid them
- Why E-Verify enforcement is being ramped up and how to avoid system pitfalls
3:30 p.m. – 4:00 p.m.: Q & A With Conference Attendees
In this last segment, pose your toughest immigration-related questions to our expert faculty live via email or Twitter.