8 Secrets to Avoid Immigration Disaster For Your Business

Secret #1 - Put it in writing. Develop an easy to follow written immigration policy including the basics of Form I-9 preparation, the I-9 storage and retention rules and a summary of both the federal and state immigration rules. Include procedures to investigate any claims of unauthorized employment or fraudulent documents submitted during the I-9 process.

Secret #2 - Train, train, train! While a well written training manual is a great roadmap, you must take it for a test drive to know whether it will lead you to successful compliance. All employees responsible for hiring or completing the I-9 forms should be trained and re-trained at least once a year.

Secret #3 - Audit. Check and double check! Employers must periodically verify their I-9 forms are in proper order and personnel are complying with the I-9 requirements. A systemized audit is the best way to do this. An internal self audit of the I-9 forms by experienced HR managers on monthly, quarterly or bi-annual basis is recommended. Also, hire an immigration attorney to conduct an I-9 audit annually. The attorney will know how to identify, edit and correct I-9 form errors and recommend improvements for I-9 compliance and training.

Secret #4 - Enforce the rules. Your company is not protected by a compliance policy that is not followed. Require individuals with I-9 oversight to strictly compliance with your policy and hold them accountable if they do not.

Secret #5 - Investigate reports of violations. Employers must develop and implement a nondiscriminatory, consistent, and effective process to investigate credible reports from individuals who allege unauthorized employment, document fraud or identity theft. Considering that ICE audits are often triggered by "tips" from concerned citizens, a prudent employer must take seriously any tips it receives.

Secret #6 - Require I-9 compliance from subcontractors. A company is not required to monitor I-9 compliance of its independent contractors unless the company knowingly uses the contractor to hire unauthorized workers or knows the contractor hire unauthorized workers. To avoid any charge that your company knew of sub-contractor violations, take steps to use only compliant contractors. With the help of an immigration attorney, a cautious business may include contract language holding the contractor responsible for their own immigration compliance and reserving the right to cancel a contract if the contractor is found to have violated immigration rules.

Secret #7 - Use E-Verify with caution. E-Verify is an internet-based program that was established to allow Employers to verify workers' employment eligibility with the DHS and SSA. E-Verify is not a substitute for the I-9 process and does not guarantee compliance or provide your company with protection against audits or claims of discrimination. Before taking any action against an employee based upon E-Verify results, consult with an immigration attorney.

Secret #8 - Consult an immigration attorney before taking any action against an employee. An employer must balance both the verification and anti-discrimination rules of immigration law. While there is never a guarantee against a lawsuit or prosecution, Employers must consider both these rules to avoid any claims of misconduct. A knowledgeable immigration attorney can help you manage these risks, update you on any changes in the law, and advise you as to the lawfulness of termination before you take that step.

This information is provided as an educational service by Ann Massey Badmus of Badmus Law Firm. If you have questions about immigration rules that challenge your business, you are invited to call or email me at 888-849-9104 or visit my website at http://www.badmuslaw.com.
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New VETASSESS Assessment Criteria For Australian Skilled Migration

VETASSESS is the main skills assessing authority for professional (50-point) and associate professional (40-point) occupations for the purposes of General Skilled Migration (GSM) and Employer Nomination Scheme (ENS) applications.

Currently, applicants require a qualification comparable to an Australian bachelor degree to pass skills assessment in a 50-point occupation, or a qualification comparable to a diploma for a 40-point occupation. There is currently no requirement that the qualification be in a discipline related to the occupation in which the assessment is sought, nor is any work experience required for skills assessment purposes.

From 1 January 2010, VETASSESS will be changing their assessment criteria for all applicants. All applicants will be required to:

1. Hold a qualification which is assessed at the required educational level in a highly relevant field of study to the nominated occupation and

2. Have at least one year of relevant work experience.

For recent graduates who have studied in Australia and who intend to apply for the Skilled Graduate subclass 485 visa there will be a 2-stage process.

The first stage will lead to a skills assessment which can only be used to support the 485 application. To be eligible applicants must:

Have completed Australian studies within the previous 6 months and

Hold a qualification which is highly relevant to the nominated occupation.

Once the applicant has at least 12 months of work experience in the nominated occupation, applicants would then apply for the second stage assessment which can then be used for permanent visa applications (ie General Skilled Migration (GSM) and Employer Nomination Scheme (ENS) visas). This change further disadvantages international students who study at university in Australia versus their colleagues who study trades such as commercial cookery or hairdressing. Trade applicants obtain 60 points for their occupation and only need to complete a 1-year Certificate III and show 900 hours of work experience to qualify for skills assessment in their occupation. University graduates generally only obtain 50 points for their occupation, unless studying in a 60-point occupation such as IT, teaching or accounting.

The new VETASSESS assessment requirements require students to have 12 months of work experience in their occupation - this is very difficult to obtain whilst in Australia on a temporary visa. This may lead to further integrity issues with the general skilled program similar to the fraud issues which have arisen due to the 900 hours requirement for trade occupations.

People who apply before 31 December 2009 will be processed under the current guidelines, providing the relevant documentation is provided to VETASSESS. If you are looking at applying for skills assessment in a 40- or 50-point occupation, it is critical that you apply prior to the end of 2009 (preferably by the 18th of December), otherwise you may not meet the new VETASSESS requirements.
For more information on the subclass 485 visa click here
Mark Webster is the Director of Acacia Immigration Australia and President of the Migration Institute of Australia (MIA) NSW and ACT.
Read the original article here: http://www.acacia-au.com/new_vetassess_assessment_criteria_Jan2010.php

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Emigrating to Australia - Visas

Many people emigrate to Australia every year. According to a survey, over 150,000 people emigrated from the UK to Australia or New Zealand in 2008. First you will need to find out whether you are eligible for a visa. There are a number of visas you can get to allow you to emigrate to Australia.

Broadly, the visas fall into the following categories:

• Skilled migrants
• Entrepreneurs and business people
• Investors
• Family sponsorship
• Working holidays

Skilled migrants

Skilled migrant visas fall into three categories: independent, sponsored and regional sponsored.

If you are a skilled tradesperson, for example an electrician, plumber, builder or the visa option for you is probably the skilled migrant route. Similarly, if you are trained in the medical profession or are in middle or senior management, finance or IT then you may be eligible for the skilled migrant route.

Eligibility will be judged against the Australian Skilled Occupation List (SOL), which is a points system based on the occupations that are needed in Australia.
Entrepreneurs and business people

If you are looking to buy or start a business in Australia and have at least two years experience in running a business, or you would like to invest a substantial amount in purchasing a business, then the route for you is Business Investment.
The Business Skills Program is divided into four categories:

• Business owner - for owners or part-owners of a business
• Senior executive - for senior executive employees of major businesses
• Investor - for investors/business people willing to invest in Australia
• Business talent - for high-calibre business people who have sponsorship from a State/Territory government

Family sponsorship

If you have family in Australia, depending on your circumstances, it may be possible for your family to sponsor you.

The following people can apply for family sponsorship to emigrate to Australia:

• Spouse/spouse-to-be/same-sex partner
• Child/orphan relative/adopted child
• Parent
• Other dependent family member

Working Holiday

Those aged between 18 and 29 who wish to work temporarily in Australia can apply for a working holiday visa. With this visa you can work for up to six months for an employer in Australia and you'll need to do a minimum of three months' agricultural work.

Emigrating Solutions is a British-based migration agency with offices in Australia and Canada. Our specialised migration lawyers can advise you on all aspects of the application process for emigrating to Australia. Unlike most other migration agents we do not charge large upfront fees and we offer a free telephone consultation/evaluation of your circumstances.

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Immigration to Australia - Employer - Sponsored Temporary Visas

Skilled laborers can easily apply for immigration and work in Australia on a temporary or permanent basis. All you need to do is look for an Australian employer willing to sponsor you. The company must be a lawfully operating Australian or overseas employer.

A temporary visa is divided into five subclasses. People seeking immigration to Australia on a more permanent basis can use a temporary work-sponsored visa as a stepping stone.

1. Business Long Stay Visa - Subclass 457 or the Standard Business Sponsorship. It can let visa holders work in Australia for a period of three months to four years. There is no limit to the number of time the visa holder can travel in and out of Australia.

2. Service Sellers - For representatives of overseas suppliers of services. The visa holder is allowed to work in Australia for six to 12 months. The reason to stay is for negotiations or to enter into agreements to supply services - not products -- in the country.

3. Medical Practicioner - Subclass 442 allows foreign doctors and nurses to work in Australia for as short as 3 months to as long as 4 years. Aside from the cost of the visa, the applicant also needs to shoulder additional costs such as medical examinations, translation of documents, providing penal certificates for stays of over 12 months.

4. Educational Visa - Subclass 418 allows education workers to stay up to four years at a time. The sponsoring company must be an Australian tertiary education or research institution. This is for academics, librarians, technicians, lab demostrators, graduate school researchers or teachers.

5. Labour Agreements - Good fro 2 to 3 years, this visa allows both temporary and permanent immigration to Australia for work. These are formal agreements to recruit a set number of overseas skilled workers.

The temporary employee-sponsored visa gives holders the best of both worlds: you get to spend time in Australia while deciding on what you want to do at the same time, you can earn money.

National Visas offer the best services that people might have ask. If you stumble upon this site you can browse the services that certainly will be veryhelpful and useful. People can choose from tourist visa, student visa, travel visa,visitor and work visa whichever they suppose to process. So if you want to applyfor these Visas you might want to check this site first to get enough informationbefore gathering all your requirements.

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US Visa Thailand - 221g, 214b, Administrative Processing, and Visa Applications

Unfortunately, United States visa applications can be delayed at a US Embassy or Consulate overseas. That being said, understanding the reason for the delay can often be a key factor in getting overcoming the impasse. This article attempts to explain the reasons for delay and possible solutions.

This writer mostly has experience interfacing with the US Embassy in Bangkok, Thailand, thus his experience is limited to that post. With this in mind, it should be noted that other United States Diplomatic and Consular posts may process applications differently. In a sense, each Embassy or Consulate is unique from an administrative standpoint.

A 221g denial (221g denotes the corresponding section of the United States Immigration and Nationality Act) is officially classified as a "refusal," by the US Department of State. Usually, this type of request is simply issued to fulfill evidentiary requirements of the visa application. The Consular Officer adjudicating the case generally issues such a denial if there is insufficient evidence to make an informed decision. In most cases, if the deficiency is remedied, then the visa will be issued.

A 214 (b) denial is a more factually based denial. It is a denial issued in non-immigrant visa cases pursuant US Immigration regulations. Essentially, this is a refusal based upon the officer's belief that the applicant hasn't surmounted the statutory presumption of undisclosed immigrant intent. Essentially, this denial means that the applicant failed to show sufficiently "strong ties" to the country of origin, or another country outside of the USA, which would necessitate the applicant's departure from the United States.

Administrative processing is not a denial in the strict sense of the word. Instead, an application for a US visa is placed in administrative processing if the Consular Officer believes that more investigation is necessary to vet the evidence in the case. Generally, applicants try to avoid administrative processing as it can greatly delay a final decision regarding the visa application. The best way to avoid administrative processing: present a well documented case from the outset.

Finally, the Fraud Prevention Unit is a section of most United States Embassies and Consulates that is tasked with detecting material misrepresentations in visa applications. Most cases are not brought to the attention of the Fraud Prevention Unit, but it is essential in any application to be truthful and honest when presenting documentation or oral assertions to the US Embassy. Lying to the US Embassy can result in criminal sanctions and/or denial of United States Immigration benefits for a long period of time.

In the experience of this author, the staff at the United States Embassy in Thailand is polite, efficient, and hardworking. In many cases, the above described denials are based upon US law and therefore the officers "hands are tied," but the officers do have a great deal of discretion when adjudicating the facts of an application. Therefore, evidence in the form of documentation is crucial and even though an application might be delayed one should not assume that the application has been denied.

Benjamin Hart is an American lawyer and Managing Director of Integrity Legal (Thailand) Co. Ltd. A Thai juristic entity with Amity Treaty Certification. Reach Integrity Legal at 1-877-231-7533, +66 (0)2-266-3698, or info@integrity-legal.com. Learn more at: visa denials.

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USCIS Makes H-1B Visa Site Visits a Routine Protocol

For the past few months, the U.S. Department of Homeland Security, Citizenship and Immigration Services ("CIS") has conducted an investigation program aimed at visiting H-1B petitioner worksites throughout the U.S. These site visits began as part of the CIS' goal to decrease the number of H-1B violations and instances of fraud reported by the H-1B Benefit Fraud & Compliance Assessment from CIS' Office of Fraud Detection and National Security ("FDNS"), published this past September. According to the FDNS' findings, as many as one in five H-1B applications were affected by either fraud or "technical violations" of the H-1B program.


Why should employers care? Any employer who sponsored a foreign national worker for an H-1B visa can be subject to an unannounced site visit. What this means is that an investigator can randomly show up at a worksite and demand to see a copy of the H-1B petition, interview the person who represented the company in connection with the H-1B as well as the H-1B employee or other employees presently on site. Any inconsistencies found can mean big trouble for employers.


FDNS has indicated that it does not need a subpoena in order to complete the site visit because USCIS regulations governing the filing of immigration petitions allow the government to take testimony and conduct broad investigations relating to the petitions. However other sources say that employers are not required to give in to the investigators' demands without a subpoena. What to do? Our office recommends that you always comply as much as possible with any investigative agency that shows up at your door. CIS has indicated that attorneys can be present during an inspection, but the investigator is not likely going to come back another day if the attorney is not available on the day of the unscheduled visit. Attorneys may be present via telephone in these circumstances.


Some common questions that have been raised by employers include: "how are companies selected to be investigated," "if I am visited, should I be concerned," "what type of violations are the investigators looking for," and "how can I prepare for a site visit from a CIS/FDNS investigator?" To address these issues in order, firstly any employer who has filed an H-1B petition can be subject to a site visit. While CIS claims the employers are chosen at random, close to 40,000 employers' names have been selected for site visits. Some factors that may have been taken into consideration when selecting these 40,000 employers include: companies with less than 15 employees; companies with less than $10 million in sales; companies less than 10 years old; accounting, HR, business analyst, sales and advertising positions; and petitions where the beneficiary merely had a bachelor's degree, not an advanced degree.


If your company is visited and your records are in order, you have nothing to worry about. Generally speaking employers are aware of inconsistencies before any investigative agency may catch wind of it. That being said, if the investigators uncover any inconsistencies or instances of fraud, the case may be referred to U.S. Immigration and Customs Enforcement (ICE), or the Department of Labor (DOL) for further investigation depending on the offense. This could mean there will be monetary, and if egregious offenses, possible criminal penalties for the employer.


The objective of the unannounced on-site visits is clear: to detect fraud and abuses of the visa program. According to USCIS, the offenses range from technical violations to outright fraud, with the most common violation being the non- payment of a prevailing wage to the H-1B beneficiary. More specifically, the investigators may be looking for the following types of violations: job location not listed on the H-1B petition and/or LCA; H-1B worker not receiving the required wage; fraudulent H-1B documents or H-1B worker credentials; non-existent business or office location; job duties significantly different from those listed on H-1B petition/LCA; misrepresentation of H-1B status by the H-1B worker (e.g., had been terminated from previous H-1B position prior to new employer H-1B being filed); and H-1B worker paid the $1500 ACWIA fee.


How can you prepare yourself and your company for a possible site visit? Step one is to ensure that you have Public Access Files (PAF) for each H-1B worker, and that the PAF documents are accurate and up to date. In general, it is a good idea to review and audit your H-1B/LCA records to make sure everything is in order and all information is readily available. Designate a specific individual at each H-1B worker location to meet the investigator should he/she arrive. Prepare a quick list of facts about the company and also a listing of H-1B workers, work locations, title and salary information so you don't need to search frantically for this information while the investigator is there. If you are not sure what a PAF is, or if you'd like to have your documents reviewed by legal counsel, you may contact our office at the number or e-mail below.


Learn more About Nachman & Associates, P.C. When traditional immigration approaches do not work, our skilled legal team offers many visa options to meet your immigration goals. Please feel free to contact us at any of our seven office locations, and speak to an associate in one of our 12 languages spoken, including: Spanish, French, Japanese, Korean, Slovak, Czech, Polish, Tagalog, Italian, Russian, Chinese, and German.

To meet a growing demand for Canadian immigration from the United States, in 2005 Nachman & Associates formed a Canadian Division, managed by licensed Canadian legal staff. With offices in Montreal, and Toronto, Canada (as well as in New York and New Jersey in the U.S.) our Canadian Division attorneys are in the unique position to assist with cross-border issues. If you, or any member of your staff, are interested in receiving more information about U.S. and/or Canadian Immigration options, please contact our offices at 201-670-0006 (x100) or e-mail to us at info@visaserve.com.
Website: http://www.visaserve.comNachman & Associates, P.C.David H. NachmanManaging Attorneyemail: david_nachman@visaserve.com phone: 201-670-0006 ext. 100
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What Will it Take to Become a UK Citizen in the Near Future?

The first part of this reform was established in July 2009, and there is currently public consultation going on that considers including new points based elements in the qualifying criteria sometime before approving the naturalization of a foreign person.


The reforms present important restrictions to the activities of migrants who want to become citizens and most probably will impact whether these people will be ready to travel for business or other reasons in representation of a UK company.


The second part of the reform asks for several changes in UK citizenship law, and includes the new 'path to citizenship'. Most of the detail of this new path will appear in future immigration rules and guidance, but it includes the following points:


- The indefinite leave to remain will be substituted by the probationary citizenship, which is really an extra period of limited leave to remain before applying for either citizenship or permanent residence.


- Migrant workers could be required to be in uninterrupted employment during the probationary citizenship period.


- The migrants on probationary citizenship will not be able to access certain public funds and will not be regarded as settled under immigration UK law and for nationality law purposes.


- The period of the probationary citizenship stage will be between one and three years for the migrants who later apply for citizenship, and between three to five years for the ones who later apply for permanent residence.


- The period of the probationary citizenship stage can be reduced if the migrant meets an 'activity requirement' that deals with getting involved in voluntary activities, nevertheless, the details on how to do this are not known yet.


- The migrants who want to apply for permanent residence or citizenship must hold leave/status in specific qualifying immigration categories.


- The maximum permitted absence time during each year of the qualifying period will be ninety days, however, there can be extenuating reasons that will have to be studied.


The new 'path to citizenship' is planned to begin in July 2011, with transitional protection of as far as two years for the migrants who have applied for indefinite leave to remain by the time it starts.


Migrants and employers should be concerned, because the policy regarding treatment of excess absences will most probably not be available before mid 2010, and no one knows if the policy will be applied with hindsight.


Migrants who want to protect their eligibility to apply for probationary citizenship, naturalization, and/or permanent residence may have to avoid leaving the UK for more than ninety days per year until the policy is finalized. This will certainly impact the hiring decisions of UK employers that need to send employees abroad to work on global projects, or who offer international work positions or programs.


If you liked this article about immigration UK law, tell all your friends about it. They'll thank you for it. If you have a blog or website, you can link to it or even post it to your own site (don't forget to mention ukmigrationlawyers.co.uk as the original source).

http://www.ukmigrationlawyers.co.uk/
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Hiring a Foreign National - Understanding Visa Programs Available

Work visas authorize employment in the U.S. on a temporary basis. The process should begin about five months before the employment start date of the foreign national employee. While there is a vast array of temporary work visas available below are the ones with which you, as the prospective employer of a foreign national, will most likely require:



1. H1-B Visa - This visa is for specialty occupations, It requires applicants to have a college degree. Approximately 65,000 H1-B visas are issued annually.



2. H2-B Work Visa - This visa is issued to skilled and unskilled workers in non-agricultural jobs. Approximately 66,000 of these visas are issued annually.



3. H-3 Trainee Visa - As the name implies these visas are issued to foreign national who will be employed in on-the-job training programs. The H-3 is available for up to a two-year period in a variety of industries, provided the type of training is not available in the prospective foreign employee's home country. There is no limitation on the number of H-3 visas that are issued in the U.S.



4. J-1 Exchange Visitor Visa - These visas are available to foreign nationals who are sponsored by a school, business of other organization for employment such as an au pair/nanny, summer camp counselor/staff and medical resident/intern type work.



5. L-1 Intra-Company Transfer Work Visa - These visas are available to current foreign national employees of multi-national U.S. companies who are needed to work for the same company but in the U.S.



If a foreign employee has a U.S. permanent resident card (green card), the employee is treated as a U.S. resident for all employment-related issues and is subject to income tax on their worldwide income. If the foreign national is already in the U.S. on a work visa, for a current employer, you may be able to transfer the work visa to your company.



Tom is a Certified Public Accountant, a Certified Financial Planner, CLTC (Certified Long-Term Care) and President of Cerefice & Company, the largest CPA firm in Rahway, New Jersey. Tom works with clients helping them manage their money, retirement planning, college savings, life insurance needs, IRAs and qualified plan rollovers with an eye towards maximizing tax benefits and minimizing taxes. Tom is founder of the Rich Habits Institute and author of "Rich Habits".



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