SERVICES

Immigration Program Development

Aligning your company’s values with the immigration needs of your employees.

It’s imperative for companies of all sizes to have concrete, written policies addressing global compliance and goals regarding immigration.

ILG develops client-specific programs that articulate and define best practices for the organization, taking into account the strategic goals of the company while considering employee impact. We work with hiring managers, human resources personnel, and recruiters at your company to devise a unique program to address your corporate needs. These relationships are ongoing as we utilize our decades of experience in both immigration law and corporate structuring to develop the most effective program for your company as it continues to grow.

Contact our office today to learn more about our program.

FAQ

Can employees pay for their own cases?

In the H-1B context, federal regulations prohibit employees from paying filing fees (except for premium processing) and attorney fees which are considered a business expense. This includes direct pay or reimbursement. These restrictions do not apply to cases filed for dependents.

In the PERM context, employers must pay for all expenses. The I-140 and I-485 applications do not have similar requirements.

What happens if we have a layoff during the green card process?

A reduction in force in the preceding 6 months in the same/similar occupation and worksite of the offered position will delay the PERM process. All recruitment must cease for 6 months unless the company notifies laid off employees of the position.

Employers may withdraw pending or approved PERM applications and I-140 petitions, but are not required to do so.

What are the requirements if we terminate an employee?

If you have laid off an H-1B employee, we strongly advise making a written request to USCIS to withdraw their pending or approved H-1B petition. If the employer does not notify USCIS and the termination is not clearly documented, the company may expose itself to back pay liabilities.

Employers who sponsor student workers on the F-1 STEM OPT program must also notify the worker’s Designated School Official (DSO) within 5 days of their termination.

For H-1B and O-1 employees, employers must offer the foreign worker the reasonable cost for transportation for their return to their home country. This obligation does not apply to dependents of the employee and the company is not responsible for other relocation expenses such as moving costs. The company does not have to ensure that the employee leaves the U.S.

How do mergers and acquisitions impact our foreign employees?

In the event of a complete acquisition, an amended nonimmigrant petition is generally not required if there are no material changes to the position, such as location or duties. However in the case of the L-1, a change in ownership structure may impact the qualifying relationship between the employer and other related entities, requiring an amendment.

In the context of I-140 petitions, they may be filed under a new employer if the entity is deemed a “successor in interest,” meaning that they assume all assets and obligations of the previous employer, there are no material changes to the job, and they have the ability to pay the offered salary from the date of the acquisition.