In today's rapidly shifting regulatory environment it is vital for companies to maintain compliance with immigration regulations. For organizations that fall out of compliance or trigger an audit or enforcement action, the process can be tedious, expensive, and time consuming. Corporate Compliance services from TSM are designed to shield and defend your organization in the face of new and existing laws and regulations. We advise and enact best practices so your company can successfully navigate immigration compliance issues and avoid civil penalties or criminal actions.
Worksite Enforcement/Employment Verification
In an era of heightened enforcement, it is more important than ever to have a compliant onboarding and employment verification program in place. These requirements apply to any business, of any size, and in any industry. The process is complicated, the time requirements for implementation are strict, and the consequences of getting the paperwork wrong are expensive. There are multiple government agencies involved in Worksite Enforcement and it is important to understand how a program or a company’s actions will be viewed by each of them. If your company requires assistance in establishing a compliant employment verification program, TSM can advise your HR department on best practices. This includes a review of the onboarding process, candidate experience, Form I-9 completion, E-verify and if necessary, an I-9 audit, E-Verify desk review or IER investigation.
If you have employees, your business may be subject to an investigation from the Department of Labor to ensure you are paying all of your workers correctly and in compliance with any immigration paperwork filed on their behalf. That includes investigations of H-1B, H-1B1, and E-3 employees to ensure that workers are receiving the wages and working under the terms of employment as specified on the Labor Condition Application (LCA) that accompanies certain petitions when filed with USCIS or DOS. If that happens, be prepared for a long paper chase as investigators audit your records. At TSM we can review your LCA records to ensure compliance with the H-1B, H-1B1, and E-3 programs proactively. If your company has been notified of a DOL investigation, TSM can serve as legal counsel to ensure you receive proper representation.
The employment of foreign nationals may trigger Department of Commerce export licensing requirements for your foreign national employees. TSM offers the ability to analyze your company’s business, products, services, and employment offerings to determine whether your company is subject to these export licensing requirements. In addition, if an employer is already employing someone subject to export control regulations and has not obtained a license, TSM can assist in the process of the company becoming compliant.
Mergers, Acquisitions & Reorganizations
Contemplating a merger, acquisition or re-org? TSM can help you think through the impact these company-wide changes can have on your foreign national work force and your company, so you can preserve the immigration benefits your organization has earned, while staying a step ahead of compliance issues.
Corporate Immigration Policy Development
If your organization relies on foreign national immigration workers, TSM can establish a comprehensive corporate immigration policy that can streamline the onboarding process. From benefits and education to compliance regulations and evidentiary requirements TSM is ready work with your HR department to develop a proactive immigration policy.