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What can U.S. Businesses do to keep their Valued Workers and stay Compliant? Tips from the American

Updated: Aug 1, 2022

As you heard from my colleagues, Danielle Atchison and Mason Ellis, we have just returned from San Francisco, where we attended the American Immigration Lawyers Association annual conference. Expert panelists throughout the United States have been confirming what we have been seeing in our practice area: that USCIS is issuing more denials and requests for evidence than ever before; that cases need to be more heavily documented due to the extremely high levels of scrutiny from USCIS; and to expect more delays in all immigration cases.

What can U.S. businesses do to keep their valued foreign workers, and to continue to do business that advances the U.S. economy?

Not every business can afford to sue USCIS in Federal court over wrongful denials or onerous and often illegal requests for private company information. Are there cheaper and faster alternatives to litigation? What can U.S. businesses do if they cannot afford to appeal and litigate every case?

The panelists have suggested two simple and quick action items for our business clients: 1. Contact your members of Congress and State Representatives and explain that U.S. jobs are being outsourced abroad when the government blocks U.S. employers from obtaining work visas for their valued foreign employees.

Get to know your Representatives so it is easier for you to reach out to them when you need them to intervene.

2. Spend some time on Public Relations for your company. Make sure that your company is getting the publicity it deserves.

Most likely, your company is doing plenty to contribute to the U.S. Economy, and your foreign workers are adding significant value to your company. However, this valuable evidence may be difficult to produce.

For example, for an L-1 Petition for one of your foreign-based executives, you may need substantial documentation - a previous press release or publication about your company may prove to be very beneficial at this point and easy to add to your L-1 Visa file.

Advanced planning is key with the current state of our immigration laws: whether it’s planning ahead for a needed work visa, or for staying on top of the higher scrutiny levels and federal compliance demands. To fully prepare and protect your company, register for one of our Attorney-led webinars.

Leyla McMullen. Business Immigration Attorney MDIVANI CORPORATE IMMIGRATION LAW FIRM

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