Immigration Compliance for U.S. Employers: How to Ensure a Legal Workforce & Avoid Charges of Discrimination

Under U.S. Immigration Law, there is a lengthy list of visa categories, from A to V, that resemble alphabet soup; it can be confusing to the petitioner as to which category is appropriate for which situation. In recent years, the federal government has been particularly aggressive in scrutinizing employers’ choice of visas used to hire foreign talent or to transfer existing employees into the United States. The consequences of noncompliance are significant, and can result in loss of productivity, civil penalties, and even criminal prosecution.

In this first session of a four part series, Fragomen partners Partick Shen and Amy Cococcia, along with associate Daniel Schwarz, explain the basic requirements of several visa categories commonly used for business purposes, the most appropriate situations in which to use each category, and how to ensure compliance with the terms of each category. The presenters also discuss how employers may defend effectively against government audits and investigations.

Learning Objectives:

I.    Understand the various visa options

II.   Comprehend the duration and nature of assignment

III.  Know the do’s and don’ts when traveling on a business visitor visa (B-1)

IV.  Recognize considerations and pitfalls when making an intra-company transfer into the U.S. 

V.   Analyze dependent issues