MDIVANI CORPORATE IMMIGRATION UPDATE

Should I Check Work Authorization of an Independent Contractor?

This is a good question. You should not (and do not want to) administer I-9s on non-employees. That said, you cannot turn a blind eye if you have any concerns regarding the work eligibility of an independent contractor. There have been a number of cases in which employers have been found liable for the non-compliance of their contractors and subcontractors, so the fact that the contractor is not an employee doesn’t necessarily protect you, as an employer, from liability for non-compliance with immigration laws. At the same time, you don’t want to subject your company to claims of national origin discrimination by treating a contractor differently than other contractors simply because he or s

How Long Does An Employer Have to Retain I-9 Forms?

The rule for the Form I-9 retention is this: Once the employee is terminated, the I-9 can be destroyed three years from the date of hire or one year from date of termination. The rule is simple, yet, we sometimes see employers confused on its proper application. To simplify, I explain it to my clients in the following way with these five steps: Make sure employee is TERMINATED. Calculate Date of Hire + 3 years Calculate Date of Termination + 1 year Determine which date is LATER. That LATER date is the date the I-9 can be destroyed. Other important points to consider: Make sure the employee is actually terminated first! I have seen employers who begin destroying I-9 while the worker is still

TN Renewals and Expiring Passports

Question: We are getting ready to renew a TN Visa for one of our Canadian workers. His passport expires in November of 2017. Should he renew his passport before we renew his TN so that his visa can be granted for the maximum allowed three year period? Answer: Depends on whether you will be requesting a TN Extension by filing an I-129 Petition with the United States Citizenship and Immigration Services (USCIS), or if you will be sending your worker to the border to apply to renew his TN before an officer at Customs and Border Protection (CBP). If extending TN with USCIS: If you plan to file an I-129 Petition with USCIS, the worker’s passport needs to be valid at the time you file the petitio

Small Texas Corporation PERM Denial Upheld by BALCA

BALCA recently upheld a denial of a Texas corporation’s labor certification because it was determined that the position offered was not clearly open to minimally qualified and available U.S. workers. The Immigration and Nationality Act (“INA”) provides that an employer’s labor certification will be given more scrutiny when any of the following three circumstances occur: (1) an employer is a closely-held corporation or partnership in which the unauthorized immigrant worker has ownership interest, (2) there is a familial relationship between with stockholders, corporate officers, incorporators, or partners, or (3) if the company has a small number of employees. In this case, the beneficiary ow

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Overland Park, KS 66211

United States

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