Visa Processing and I-9 Compliance

What do visa processing and I-9 compliance entail?

Visa processing refers to the various steps employers and foreign nationals must follow to obtain legal permission for the foreign national to work in the United States. I-9 compliance involves employers verifying their employees’ identity and employment eligibility to work in the U.S.

In the context of business-focused immigration law in Florida, employers must understand their responsibilities in assisting employees with visa processing and maintaining I-9 compliance. For instance, a Florida-based company seeking to hire a foreign national with specialized skills might sponsor an H-1B visa. The employer would then need to ensure proper documentation and verification through the I-9 process, which includes completing the Form I-9 and retaining it for the required period.

Need an immigration advocate? Schedule your consultation today with a top business immigration law attorney.

Which laws and regulations apply to visa processing and I-9 compliance in Florida?

Employers in Florida must comply with federal laws and regulations related to visa processing and I-9 compliance. The primary federal statutes governing these processes are the Immigration and Nationality Act (INA) and the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRAIRA). Additionally, employers must follow regulations issued by the U.S. Citizenship and Immigration Services (USCIS), such as the H-1B visa requirements.

While Florida does not have specific state-level immigration laws, employers must still adhere to the Florida Civil Rights Act, which prohibits discrimination based on national origin, among other protected characteristics.

What are the strategic benefits of visa processing and I-9 compliance?

Effective navigation of immigration law enables the following for businesses:

• Attracting global talent: Assisting employers with visa processing and I-9 compliance enables businesses to hire top talent worldwide, increasing their competitiveness and driving innovation.
• Compliance and risk management: Properly handling visa processing and I-9 compliance helps employers avoid fines and penalties associated with non-compliance, protecting their reputation and financial well-being.
• Streamlined process: Expert guidance in navigating complex immigration laws and regulations can expedite the visa application and approval process, reducing delays for employers and skilled workers seeking entry into the U.S.
• Workforce stability: Ensuring I-9 compliance and facilitating visa processing for skilled workers can help companies maintain a stable workforce by preventing disruptions due to immigration-related issues.
• Enhanced employee satisfaction: Demonstrating a commitment to compliance and supporting employees’ immigration needs can boost employee morale and increase retention rates among international workers.
• Economic growth: By helping skilled workers enter the U.S., employers contribute to the local and national economy through job creation, increased productivity, and tax revenue.

When a set of facts is appropriate for legal intervention, there are many paths a claimant may take. We are value-based attorneys at Jimerson Birr, which means we look at each action with our clients from the point of view of costs and benefits while reducing liability. Then, based on our client’s objectives, we chart a path to seek appropriate remedies.

To determine whether your unique situation may necessitate litigation or another form of specialized advocacy, please contact our office to set up your initial consultation.

What steps should counsel take to navigate visa processing and I-9 compliance effectively?

Advocates should consider the following:

• Develop a comprehensive immigration strategy: Legal counsel should work with employers to create a clear immigration strategy that aligns with the company’s goals, considering the types of visas required and the specific needs of skilled workers.
• Stay updated with laws and regulations: Counsel must stay current on federal and Florida immigration and labor laws and regulations, ensuring they provide accurate guidance and advice.
• Facilitate visa applications: Counsel should assist employers and skilled workers in preparing and submitting accurate visa applications, addressing any potential issues or concerns before submission to avoid delays or denials.
• Ensure I-9 compliance: Legal counsel should help employers develop and implement I-9 compliance policies and procedures, including employee verification, proper recordkeeping, and timely re-verification when necessary.
• Provide ongoing support: Counsel must maintain open communication with employers and skilled workers throughout the immigration process, offering guidance and support as needed and addressing any changes in circumstances or legal requirements.
• Prepare for audits and investigations: Legal counsel should prepare employers for possible audits or investigations by government agencies, ensuring proper documentation and recordkeeping and providing representation during such inquiries.

Please contact our office to set up your initial consultation to see what forms of immigration law advocacy may be available for your unique situation.

Frequently Asked Questions

1. What are the penalties for non-compliance with I-9 requirements?

Employers who fail to comply with I-9 requirements may face civil and criminal penalties, including fines and possible imprisonment. Civil penalties range from $230 to $2,292 per unauthorized worker for first-time violations, with higher penalties for subsequent offenses.

2. Can employers in Florida use E-Verify to ensure I-9 compliance?

Yes, employers in Florida can use E-Verify, a federal electronic employment eligibility verification system, to confirm the work authorization of their employees. E-Verify is voluntary for most employers but mandatory for certain federal contractors and subcontractors.

3. How long should employers retain I-9 forms for their employees?

Employers must retain completed I-9 forms for either three years after the date of hire or one year after the date of termination, whichever is later. Proper retention of I-9 documents is essential for demonstrating compliance with employment eligibility verification requirements.

Have more questions about how immigration law may impact your business?

Crucially, this overview of visa processing and I-9 compliance does not begin to cover all the laws implicated by this issue or the factors that may compel the application of such laws. Every case is unique, and the laws can produce different outcomes depending on the individual circumstances.

Jimerson Birr attorneys guide our clients to help make informed decisions while ensuring their rights are respected and protected. Our lawyers are highly trained and experienced in the nuances of the law, so they can accurately interpret statutes and case law and holistically prepare individuals or companies for their legal endeavors. Through this intense personal investment and advocacy, our lawyers will help resolve the issue’s complicated legal problems efficiently and effectively.

Having a Jimerson Birr attorney on your side means securing a team of seasoned, multi-dimensional, cross-functional legal professionals. Whether it is a transaction, an operational issue, a regulatory challenge, or a contested legal predicament that may require court intervention, we remain tireless advocates at every step. Being a value-added law firm means putting the client at the forefront of everything we do. We use our experience to help our clients navigate even the most complex problems and come out the other side triumphant.

If you want to understand your case, the merits of your claim or defense, potential monetary awards, or the amount of exposure you face, you should speak with a qualified Jimerson Birr lawyer. Our experienced team of attorneys is here to help. Call Jimerson Birr at (904) 389-0050 or use the contact form to schedule a consultation.