This is where companies like Versfeld Law make a difference. A boutique immigration firm specializing exclusively in U.S. immigration, Versfeld Law helps organizations with employment-based immigration, visas, green cards, family-based immigration, and employer compliance to I-9 and other relevant documentation.
In an interview with Manage HR, Leon Versfeld, Immigration Attorney at Versfeld Law, discusses how his firm guides employers in the U.S. to navigate the ever-changing immigration and compliance landscape successfully.
Could you elaborate on the services that your firm provides in the immigration space?
When it comes to immigration, the most obvious concept from an employer's perspective is hiring foreign nationals. Although that is true, the compliance aspect of immigration laws affects every U.S. employer, whether or not they employ foreign nationals. Every employer has to complete the I-9 form for the employees that they hire. Based on the information in the form, they need to verify the documents and check the eligibility. Oftentimes, companies are in a rush to hire an employee, and they either fail to verify the information or make sure that the form is complete. While the document looks simple, it could cost the company an extensive amount of money even if all the employees they hire are U.S. citizens; because when the U.S. Department of Immigration and Customs Enforcement (ICE) comes in for an audit, the first thing they ask for is the I-9 forms.
These audits are randomly performed or based on tips. There are different fines associated with each violation in the I-9 forms, and these tend to pile up. The violation could be as simple as leaving out the date or address. As these violations add up, it may lead to the department suspecting foul play in an organization hiring foreign nationals or hiring people who are unauthorized to work in the U.S.
The compliance aspect of these documents and immigration is certainly a part of our service that has grown over time. We are not here to instill fear in our clients but to create awareness that immigration forms are constantly monitored and audited. These forms are also necessary from a financial aspect in situations where an employee gets involved in criminal activity or contempt of OSHA violations. We have represented a variety of U.S. companies in I-9 audits and investigations. Our firm is often engaged by criminal and corporate counsel to provide expert testimony in immigration compliance litigation.
Versfeld Law also provides services concerning regular visa and green card processes. From an employer's perspective, the HR teams need to understand how various visas and work authorizations function. Once again, the I-9 forms become an essential factor here. We provide a case-by-case basis understanding of what work authorization for an employee looks like and the scope of the work authorization, either through a visa, green card, work card, other mechanisms, or even stamps on the passport. These measures also play an important part in employee retention.
Compliance with immigration documents has grown over time as a part of our service. We are not here to instill fear in our clients but create an awareness that immigration forms are constantly monitored and audited
Apart from the points noted above, work authorization renewal is a significant challenge for employers. For example, if an employee has work authorization till the end of the year, it is vital to start the renewal process six months in advance. Now, based on the type of visa that the employee requires, the timeline may vary. For instance, for an employee on an H1B visa that expires in December, the application process must be completed by March 31 of the given year. If the application is approved, then the employee's work authorization kicks in from October the same year.
However, HR teams often lack a calendar or a particular system that reminds them of important dates. As a result, the deadlines for the application process are not met. Suppose the employee in the aforementioned scenario applies for renewal after April. In that case, the request will be processed only in the following year, leaving the employee without work authorization for a couple of months. These intricacies in the renewal process often lead to high turnover for the employer. Another factor involved in these cases is the nation of origin of the employee. For example, for people from India or China, the backlogs on green cards today are immense.
All these different scenarios require different strategies, and we provide the best suited strategy for each client.
When an employer looks to hire a new employee from a school, they often look at the dean's list and pick the top 10 depending on the type of degree, more often than not, from science, technology, engineering, and mathematics (STEM) degrees. Based on the new hire's country of origin, the application for a work permit may change. For example, if the new hire is from Australia, the employee may have initial work authorization from his school, allowing him to work in line with his field of expertise. As a long-term solution, the company will need to look at an E-3 visa that allows an Australian national to fulfill a specialty occupation within the company.
On the other hand, if the employee is from India or South Africa, the options become limited to an H1B application with a sparse window for application and opportunity. In such cases, we need to consider the company's long-term plans for the particular employee. If there is an exciting prospect, it may be better to send the employee out to one of the foreign branches for a year and then bring them back on an L visa or an intercompany transfer, allowing that employee to come back to the U.S. and work for the company. In some cases, when there is a candidate with a Master's degree, we might apply for a green card with the Bachelor's degree because that category may be moving faster.
A lot of these solutions we offer are on a case-by-case basis, and sometimes, it may be helpful to think outside the box. Once, we had a consultation with an employee who was frustrated with her employer and lawyer for not actively working on her green card process. During the consultation, we realized that her husband, a student at the time, was actually an extraordinary athlete who participated in the Olympics. I explained to them the possibility of getting a green card for her husband based on his abilities on an EB-1 visa, and she could subsequently derive a green card from him. This out-of-the-box solution worked well for them, and she was able to obtain her green card before her employer could provide it.
What does the future hold for Versfeld Law?
The following 12 to 18 months will be highly dependent on what the new proposed legislation offers. The proposed legislation by the Biden administration suggests a total revamp of the immigration system, which, indeed, it is in dire need of. We are also focused on labor certifications with companies, especially in the farming industry, and helping grow that practice and the intercompany transfer of employees for our entrepreneurial clients. These clients are coming to the U.S. to open up new branches and want their team over here to get that started.
