how can an immigration lawyer help an hr department

by Coleman Rempel 4 min read

Do immigration lawyers work with human resources professionals?

It shows the interest of the immigration lawyer in learning more about the company; it helps to create a more personalized relationship with the HR person; and it provides the immigration lawyer with an opportunity to introduce the HR person to other members of his staff who will be dealing with the company.

How does immigration law affect human resources?

An immigration lawyer can assist you in the process of applying to jobs, interacting with human relations staff, and seeking employment opportunities. As an immigrant, you probably aren't familiar with all the tools available for Americans to find jobs; luckily for you, your immigration lawyer probably is, or at the very least can guide you to hiring and recruiting resources.

How to ensure that the immigration of employees is aligned with the laws of the land?

Jan 07, 2022 · The Department of Homeland Security (DHS) will no longer engage in mass raids on worksites as a method to enforce US immigration law. Type: Employment Law Manual Immigration, Form I-9 and Work Visas: Rhode Island. An in-depth review of the spectrum of Rhode Island employment law requirements HR must follow in respect to immigration. Type: Legal ...

What should HR professionals expect from outside immigration counsel?

Sep 25, 2017 · The lawyer must be a pro in dealing with business immigration issues. He/ she may assist the employer in efficiently going through the Visa application process, and comply with all the rules and obligations. Periodic Review: There must periodic review to ensure that the organization complies with the immigration laws and any latest amendments.

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What is the meaning of HRM in immigration?

Abstract. The topic of international migration has gained increasing importance for organizations as they expand internationally. In this paper, we review prior research on human resource management (HRM) of international migrants to identify gaps in the literature.Mar 4, 2015

Can an immigration lawyer help speed up process?

The immigration process can be intimidating and take a long time, but hiring an immigration attorney to support you with your case can speed up the process and help you meet your goals.Aug 12, 2021

Can immigration lawyer speed up process Australia?

An attorney can also file specific requests with the relevant government agencies to find out whether something is hindering the process in your particular case. They will be able to resolve the issue, thus speeding up your visa in general.Feb 17, 2017

Why is USCIS so slow?

Also the Covid-19 pandemic has contributed to these delays. This was caused by inefficient processing, understaffing, and various changes in policy due to Covid-19. Also, during the Trump Administration, USCIS created many new policies designed to actually restrict or delay cases.Nov 3, 2021

How long does it take to approve I-130?

between 4 to 37 monthsFor immediate relatives of a U.S. citizen, I-130 processing times currently vary between 4 to 37 months (as of Jan. 26, 2022). The sooner you get started on your I-130 application, the better. With Boundless, all the required forms listed above turn into simple questions you can answer in under two hours.

What does an immigration lawyer do Australia?

We assess visa eligibility, plan immigration pathways and solutions, along with preparing and lodging visa applications, and liaising with the Department of Home Affairs on your behalf. Our migration lawyers also advise corporate clients on their sponsor obligations.

How much does an immigration agent cost in Australia?

Migration Agent & Visa FeesInitial Consultation (In-office, Phone Or Skype)$150Lodgement Ready Service (DIY service)$400 – $1600Other Migration or Citizenship MattersOn Request and/or Consultation

Do you need an immigration lawyer Australia?

These are all reasons to hire an Australian immigration lawyer. Every applicant is unique and a lawyer will assist you, improving the immigration process and increasing your chance of acceptance.

Why is it important to hire an immigration lawyer?

One of the most important benefits that hiring an immigration lawyer can offer is less tangible than the others. The help of an expert that has experience making immigrants' dreams into realities cannot be understated. You see, it's invaluable to hire someone that's done it before for thousands in the same position as you find yourself now.

What can an immigration attorney do?

An experienced immigration attorney can walk you through the correct steps to apply for work permits, marriage licenses and citizenship, without allowing mistakes that derail your chance to get these crucial documents authorized by the proper parties. 2. They Are Seasoned by Experience.

What happens if you don't follow immigration laws?

If you don't follow these laws during your time in the country, you could be deported before your visa is expired or after acquiring permanent resident status. A skilled immigration lawyer can help understand these laws so you don't endanger your status as an immigrant with residency in the United States. 6.

What is the American dream?

Most immigrants are working towards the American dream - U.S. citizenship. An expert attorney has made this dream a reality for thousands of immigrants, completing their journey to becoming a U.S. citizen.

Is immigration law a process?

As anyone that's gone through the process will tell you, navigating any area of immigration law is not an endeavor you'd want to go through alone. There is an extensive paperwork process that goes along with immigration that even natural-born U.S. citizens would struggle with, let alone immigrants from other countries for whom English is not their first language.

Can an immigration lawyer help you?

Immigrants have a more difficult time trying to find legal employment than the average American, let alone a job that earns a competitive salary in the United States. An immigration lawyer can assist you in the process of applying to jobs, interacting with human relations staff, and seeking employment opportunities.

Coronavirus (COVID-19): FAQs

Updated to reflect the extension until April 30, 2022, of the Department of Homeland Security's relaxation of Form I-9 review requirements.

Immigration, Form I-9 and Work Visas: Oregon

Updated to include amendment relating to proof of driver's license for employment purposes, effective January 1, 2022.

Immigration, Form I-9 and Work Visas: Federal

Updated to reflect withdrawal of DHS final rule on modification of registration requirements for petitioners seeking to file cap-subject H-1B petitions, effective December 22, 2021.

H-1B Final Rule on Registration Requirements Takes Effect

Updated to reflect withdrawal of DHS final rule on modification of registration requirements for petitioners seeking to file cap-subject H-1B petitions, effective December 22, 2021.

Facebook Settles Claims It Discriminated Against US Workers

Facebook will pay a civil penalty of $4.75 million and pay up to $9.5 million to eligible victims of its alleged discrimination - the largest fine and monetary award ever recovered in the 35-year history of the Immigration and Nationality Act's anti-discrimination provisions.

Biden Administration Ending Mass Immigration Raids of Worksites

The Department of Homeland Security (DHS) will no longer engage in mass raids on worksites as a method to enforce US immigration law.

Immigration, Form I-9 and Work Visas: Rhode Island

An in-depth review of the spectrum of Rhode Island employment law requirements HR must follow in respect to immigration.

Why was the Immigration Act enacted?

The immigration act was enacted to protect the rights to employment for all U.S. citizens and those who are otherwise authorized to work in the country by helping government agencies to weed out those who are illegally working in the country.

What is the immigration reform and control act?

The Immigration Reform and Control Act of 1986 mandates that all companies must help the federal government to prevent unauthorized persons from working in the United States (U.S.) through a process called employment eligibility verification.

Why do human resources managers ask for extra identification?

The human resource manager must avoid singling out these potential employees by asking them for extra identification documents or other information because they do not appear “American” to them. By avoiding this practice, the human resources officer protects their company from needless discrimination lawsuits.

What documents are needed for an I-9?

The I-9 form requests that potential employees present a series of identification documents to verify that they are legally authorized to work in the U.S; these documents could include a social security card, birth certificate and a valid passport.

Can I-9 be a citizen?

However, a U.S. citizen or authorized person can come in a variety of hues, national origins and ethnicities.

Why is it important to have a tie-up with an immigration lawyer?

The lawyer must be a pro in dealing with business immigration issues. He/ she may assist the employer in efficiently going through the Visa application process, and comply with all the rules and obligations.

Why is human resource important?

It is important for any organization to have a well-experienced and terminally sound Human Resource Department. With companies involving in trade across borders, more and more employees are traveling from one country to another on business terms. Now, to ensure that the immigration of the employees is aligned with the laws of the land , it is important that the human resource has the knowledge about immigration laws.

What form do I need to fill out for employment eligibility verification?

Firm hires an individual to perform any service to the organization in exchange for a salary or any other form of remuneration, it is important that the firm fills a Form I-9, Employment Eligibility Verification.

What do lawyers do in HR?

Lawyers who work for firms that represent employers have a built-in network for an introduction to the HR field. Law firms that defend management in employment litigation typically have extensive contact with HR managers, directors and vice presidents who can alert lawyers to openings in the HR field or within their companies. In addition, many companies fold the in-house counsel role into the HR department or hire in-house legal counsel for general matters, eventually transitioning in-house counsel to an HR position. Inquiring about clients' staffing needs can lead to opportunities for entering the HR field, provided lawyers don't overtly solicit employment opportunities from their clients.

Why do lawyers work in HR?

Because much of HR work is predicated on understanding and interpreting laws concerning employer and employee rights, a lawyer is likely to expand his focus from providing legal advice to advising employers in an HR career .

Why do lawyers join HR associations?

Joining HR professional associations helps lawyers build valuable networks in the field, many of which can lead to job prospects. Attending both social events and professional conferences and seminars provides an opportunity to learn more about the HR field while cultivating relationships with HR practitioners. In time, lawyers with expertise in employment and labor law matters may be able to volunteer for conference facilitator roles or receive pay for putting on seminars within their areas of focus.

What laws should lawyers understand?

In addition, lawyers should also highlight their background and legal training in understanding and interpreting laws most relevant to employers, such as Title VII of the Civil Rights Act, the Americans with Disabilities Act and the Equal Pay Act.

What is human resources job?

Based on their ability to read, comprehend and interpret laws, lawyers are often considered knowledgeable about topics they may not specialize in. Human resources, then, should be an easy field for a lawyer to enter.

Should a lawyer revise her resume?

A lawyer planning to enter the HR field should revise her resume. Showcasing her skills with employment regulations, labor law, interaction with HR clients and experience representing the interests of companies and employers demonstrates that a lawyer can add value to an organization in an HR role. Key concepts and areas ...

What is the history of immigration?

History of immigration to the USA. Understandably, immigration law has a long and varied history. Since 1842, the government has implemented exclusions of certain “undesirable” groups (as we see expressed with Syrians today). Between 1885 and 1924, the list of exclusions grew larger and included people with physical or mental defects ...

When was the Immigration and Nationality Act passed?

The Immigration and Nationality Act was passed in 1952, combining previous laws into one statute. This law was revised multiple times, culminating in the 1986 Immigration Reform and Control Act (IRCA). This IRCA law was first revised in 1990 by the Immigration Act of 1990 and again in 1996 by the Illegal Immigration Reform ...

What is a green card?

The Green Card. The “Green Card” is actually the United States Permanent Resident Card. This card serves as proof that its holder, a lawful permanent resident (LPR), has been officially granted immigration benefits, which include permission to reside and take employment in the United States.

How long do you have to keep a termination form?

Forms must be kept on file for at least three years or for at least one year after the employee’s date of termination (whichever is longer).

What is a temporary visa?

Today, a visa system allows people come to the U.S. to seek employment. There 11 types of temporary visas that allow individuals from other nations to work here. The primary visa is the H-1B, which permits someone with a special skill to work in a specialty occupation. Only a certain quota is allotted each year. In addition, several types of temporary visas allow the entrance of some agricultural workers, intracompany transfers, artists, entertainers, sports figures, and workers covered by trade agreements. According to the State Department website, “t emporary worker visas are for persons who want to enter the United States for employment lasting a fixed period of time, and are not considered permanent or indefinite. Each of these visas requires the prospective employer to first file a petition with U.S. Citizenship and Immigration Services (USCIS). An approved petition is required to apply for a work visa.”

How old do you have to be to get a green card?

Permanent residents 18 years of age or older must carry their actual green card at all times.

How to fill out a job offer form?

Very specific rules must be followed with this form. These include the following requirements: 1 The employee must complete Section 1 of the form no later than the end of his or her first day of employment, but not before accepting the job offer. 2 The employer CANNOT specify what documents they want to see. 3 If the employee presents an unexpired document from List A of documents, it is sufficient to prove his or her status. 4 If the employee does not present a list A document, he or she must then present two documents, one from List B and one from List C. 5 The employer must complete ALL lines on the remainder of the form. The employer can be fined up to $1,000 per form. 6 The form must be signed by the person actually seeing the documents provided; otherwise, an act of perjury has been committed. 7 If the employee does not provide the needed documents by the end of his or her third day of employment, the employer is required by law to terminate the employment. 8 Forms must be kept on file for at least three years or for at least one year after the employee’s date of termination (whichever is longer). 9 Some states or government contracts require employers to use the E-Verify system to validate documents and the candidate’s right to work.

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Avoiding Legal Penalties Associated with Employment Eligibility Verification

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The Immigration Reform and Control Act of 1986mandates that all companies must help the federal government to prevent unauthorized persons from working in the United States (U.S.) through a process called employment eligibility verification. Businesses can meet the legal requirements of this immigration refo…
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Sponsoring Work Visas

  • Companies that intend to do business with foreign partners or that have strategic plans to go global must have human resources managers who understand the various types of visas available for foreign colleagues and visitors. The visa types are divided into ones that support the work of non immigrants as well as immigrants. For example, foreign persons who are non immigrants c…
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Following Up to Ensure Company Compliance

  • Companies and their human resource managers want to get issues pertaining to immigration regulations resolved quickly since noncompliance can result in stiff civil and criminal penalties depending upon the frequency of the violations. Conducting periodic internal and independent, external audits of company human resources management processes pertaining to immigratio…
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Conclusion

  • The current rules regarding immigration as they pertain to the workplace are comprehensive enough that many small companies with fledgling human resource management departments are tempted not to sponsor work visas at all. Additionally, the political winds of change suggest that upcoming immigration reform policies will add new levels of complexity to these work place iss…
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