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Immigration Compliance Services (Form I-9 / E-Verify)--Sensible Solutions, compliant culture

Posted by attorney Kevin Lashus

Sensible solutions, compliant culture

An effective immigration compliance program takes time, team work and commitment. Jackson Lewis’ national Immigration Compliance Practice is intricately familiar with the difficulty in “cleaning house" and the myriad of decisions that need to be made once the decision to "become compliant" has been made. Our professional and knowledgeable team blends business sense with legal expertise while assisting corporations in minimizing their current exposure and reducing liability relating to a variety of immigration-related issues. Our portfolio of experience includes I-9 employment eligibility verification matters and E-Verify-impacted hiring protocols. Teaming with the JL Labor and Employment teams, we also defend businesses involved in complex civil litigation, debarment and immigration based criminal matters.

Budget driven and business focused,JL develops realistic compliance strategies, customized best practices coupled with standard operating procedures for both large and small companies. Our track record indicates that there is no substitute for the experience in field and subject matter expertise. JL has both- unparalleled familiarity with government worksite enforcement investigations and national experts in I-9 and E-Verify Compliance including former Department of Homeland Security leadership.

it’s a business decision…don’t risk your company or your reputation

Assist companies in developing unique systems to ensure I-9 and labor condition application compliance with labor and immigration regulations

Establish internal training programs with “Compliance Toolbox" to manage completion and retention of Form I-9s, E-Verify processes, including fraud detection and identity theft plans where appropriate and anti-discrimination matters

Conduct comprehensive (Attorney-Client Privileged) audits focusing remediating immigration violations, minimizing outstanding exposure and Sarbanes Oxley compliance

Provide trend and liability analysis with post-audit training action plan

Develop strategies to address employers’ responsibilities when faced traditional and third-party no-match situations as well as more serious workplace identity theft and other misrepresentations made by employees.

Represent companies involved in Immigration and Customs Enforcement (ICE) -Administrative & Criminal Investigations; Department of Labor Wage and Hour - OFCCP Audits

Counsel employers involved in DOJ- Office of Special Counsel (OSC) Investigations involving citizenship and immigration status and national origin discrimination issues

ICE Worksite Guidance

“The goal of the [Worksite Enforcement] strategy is to 1) penalize employers who knowingly hire illegal workers; 2) deter employers who are attempting to hire illegal workers; and 3) encourage employers to take advantage of compliance tools and best practices. The strategy emphasizes both the criminal investigation of employers and the use of administrative tools such as Form I-9 audits and civil fines."

Statement of John Morton, Assistant Secretary DHS-ICE (June 11, 2009)

results count…

Effectuated dismissal of charges in structuring bi-lateral OSC settlement agreements resolving discrimination charges in E-Verify- based investigations, preference of non-immigrant visa holders over domestic workers investigations and document abuse claims

Created deemed export control and “badging" polices diverting complaints

Conducted due diligence in restructuring and transactional situations, represented buyer and significantly reduced purchase price of Target co. where internal investigation related to hiring procedures, I-9 compliance, employment of foreign nationals revealed concerns

Created and implemented effective FAR E-Verify Compliance plans in under 30 days for 50,000 person government contractor

Improved off the shelf Electronic I-9 program to ensure compliance with Immigration regulations for client

Drafted model “Third Party audit certification" plan now widely adopted in various market space

Reduced liability in Department of Labor H-1b investigation by over $2 million for technology based client

Successfully negotiated closure to numerous ICE investigations in construction, landscaping, food, retail and restaurant industries resulting in “Warning Notices" avoiding all fines and penalties for our clients

Obtained Consent Degree in lieu of criminal indictments for Farm

Facilitated acceptance of client company into the ICE IMAGE program

JL creating responsible compliance- respected by those in government and relied upon by those in the private sector

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