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Copyright
© 1995-
ILW.COM,
American
Immigration LLC.


The Employer's Immigration Compliance Desk Reference
Author: Gregory H. Siskind
Contributing Author: Jonathan Marks
Co-Published By Society for Human Resource Management (SHRM) and ILW.COM

Out of Print

Table of Contents Bios BUY NOW!

The Employer's Immigration Compliance Desk Reference will help human resource managers, immigration counsel, and others charged with the task of guiding employers through these turbulent immigration waters. Statutes and regulations are discussed in an easy-to-understand, question-and-answer format with illustrations, checklists, and sample documents included to help you implement or improve your immigration compliance program.

Detailed Table of Contents

List of Commonly Used Abbreviations

Introduction

Acknowledgments

Part I: Complying With Immigration Laws

Chapter 1. Form I-9 General Concepts
1.1 What is the basis for employment verification?
1.2 Which governmental agency regulates compliance with the employer sanctions rules
      under IRCA?
1.3 What is a Form I-9?
1.4 When must the I-9 form be completed?
1.5 What if an employee is being hired for less than a three-day period?
1.6 In a nutshell, what are an employer's Form I-9 requirements?
1.7 Are employers the only entities required to verify employment eligibility using Form I-9?
1.8 What is the employee's responsibility in completing the Form I-9?
1.9 Are there any employees not required to complete a Form I-9?
1.10 What if an employee is a volunteer or paid in ways other than with money? What if an
       employee receives a signing bonus prior to starting work?
1.11 Is a new I-9 required for employees who are transferred within a company?
1.12 Do independent contractors need to complete a Form I-9?
1.13 Are domestic service employees (such as housekeepers, kitchen help, and gardeners)
       required to complete I-9s?
1.14 Under what circumstances would a returning employee not be required to complete a
       new Form I-9?
1.15 Are employees who return to work after a labor dispute required to complete a new Form
       I-9?
1.16 Are seasonal employees required to reverify their Form I-9s?
1.17 Are there special rules for employer associations?
1.18 Do employers of part-time employees need to complete I-9s for those employees?
1.19 Can an employer require job applicants to complete Form I-9s?
1.20 What privacy protections are accorded employees when they complete Form I-9?
1.21 Which foreign nationals are always authorized to work in the United States?
1.22 Which foreign nationals are sometimes authorized to work in the United States?

Chapter 2. Completing the I-9 Form
2.1 Where can I obtain a Form I-9?
2.2 Is Form I-9 available in different languages?
2.3 Which version of Form I-9 can an employer accept?
2.4 What documentation can an employee present that shows both identity and employment
       authorization?
2.5 What documentation can an employee present solely to provide the employee's identity?
2.6 What documentation can an employee present solely to provide the employee's
       authorization to work?
2.7 Where can an employer find illustrations of acceptable documents in Lists A, B, and C?
2.8 May an employer specify which documents it will accept?
2.9 When will a Form I-20 presented by an F-1 student prove employment authorization?
2.10 When will a Form DS-2019 presented by a J-1 exchange visitor prove employment
       authorization?
2.11 Can a translator be used by an employee to assist with completing the form?
2.12 What if an employee states in Section 1 that he or she has a temporary work
       authorization, but presents a List C document that does not have an expiration date?
2.13 Are there employees who may properly check the box in Section 1 indicating they are
       an alien without permanent residency in the U.S. but who do not have an expiration date
       for their status?
2.14 If an employee provides an alien number (A number) in Section 1 but presents
       documents without the alien number, can the employer ask to see the document with
       the alien number?
2.15 What if an employee claims to be a U.S. citizen in Section 1 but presents a "green card"
       as documentation of identity and work authorization?
2.16 What if a person claims to be a lawful permanent resident in Section 1 but provides a
       U.S. passport or birth certificate as documentation of status?
2.17 What types of expired documents may be accepted?
2.18 What types of SSA documents may be accepted?
2.19 Are receipts for documents acceptable?
2.20 Can an employee present photocopies of documents rather than original documentation?
2.21 What should a permanent resident still waiting on the actual permanent residency card
       to arrive present?
2.22 What documentation should a refugee present to document authorization to work?
2.23 What if the document presented by the employee does not look valid?
2.24 What if the name of the employee on the document is different from the name of the
       employee on the Form I-9?
2.25 What if the employee does not look like the person on the presented document or
       appears different from the description of the person on the document (hair color, eye
       color, height, race, etc.)?
2.26 May an employer correct Form I-9s after they are completed?
2.27 Are employees required to supply an SSN on a Form I-9?
2.28 Are there special rules for minors?
2.29 Are there special rules for individuals with handicaps?
2.30 What are the various examples of Form I-9 documents?

Chapter 3. Reverification
3.1 What are the Form I-9 reverification requirements?
3.2 What if the reverification section of the form has been filled out from a prior reverification?
3.3 Can an employee present a Social Security card to show employment authorization at
       reverification when they presented an expiring EAD or I-94 form at the time of hire?
3.4 What if a new Form I-9 comes out between the date the initial Form I-9 is completed and
       the time of reverification?
3.5 Do prior employees resuming work with a company need to complete a new Form I-9?
3.6 What if a rehired employee is rehired after a new version of the Form I-9 is released?
3.7 What are examples of correctly completed I-9 forms?
3.8 What are examples of I-9s with errors?

Chapter 4. Recordkeeping
4.1 What are the Form I-9 recordkeeping requirements?
4.2 When can Form I-9 be destroyed?
4.3 Should recordkeeping be centralized at a company?
4.4 Does an employer need to keep copies of the documents presented by the employee?
4.5 Can a Form I-9 completed on paper be stored in another format?
4.6 Should Form I-9 records be kept with the personnel records?

Chapter 5. Electronic I-9 Systems
5.1 Can a Form I-9 be completed electronically?
5.2 Why would companies want to switch to electronic I-9 systems?
5.3 Are there downsides to using an electronic I-9 system?
5.4 What requirements must electronic I-9 systems meet?
5.5 How is an electronic Form I-9 "signed" by an employee and employer?
5.6 What are the Form I-9 recordkeeping requirements for electronic I-9s?
5.7 What privacy protections are accorded employees when they complete Form I-9
       electronically?
5.8 How does an employer who uses an electronic I-9 system respond to an ICE audit?
5.9 Can a company using an electronic I-9 system batch load data to E-Verify?
5.10 Can employers convert existing I-9s to an electronic format?
5.11 Where can I find out which companies offer electronic Form I-9 products and services?

Chapter 6. Knowledge of Unlawful Immigration Status
6.1 What if an employer knows an employee is not authorized to be employed even though
       the Form I-9 was properly completed?
6.2 When will an employer be considered to have "constructive knowledge"?
6.3 What if an employee later presents an SSN different from the SSN provided when the I-9
       was completed?
6.4 Is an employer on notice that an employee is not authorized to work if the employee
       requests that the employer petition for the employee's permanent residency?
6.5 What if the employee states in Section 1 that he or she is a permanent resident or U.S.
       citizen, but then presents an employment document with an expiration date?
6.6 Should an employer reverify a Form I-9 for an employee who is subject to a Social
       Security no-match letter?
6.7 What if an employer receives a DHS notice that there is a problem with a document
       presented in connection with a Form I-9?
6.8 What if an employer is told that an employee is unauthorized by another employee?
6.9 Are employers liable if they use a contractor and know the contractor's employees are not
       authorized to work?
6.10 May an employer be deemed to have constructive knowledge when it failed to complete
       a Form I-9 for an employee or the form is completed improperly?
6.11 May an employer be deemed to have constructive knowledge when it fails to reverify a
       Form I-9?

Chapter 7. Unfair Immigration Practices
7.1 What are the IRCA antidiscrimination and document abuse rules?
7.2 How is enforcement responsibility split between the OSC and the EEOC?
7.3 How is a complaint made for an IRCA antidiscrimination violation?
7.4 What is "document abuse"?
7.5 What is "citizenship or immigration status discrimination"?
7.6 What is "national origin discrimination"?
7.7 What are examples of prohibited practices?
7.8 Are employees protected from retaliation if they complain about discrimination?
7.9 How does the Civil Rights Act of 1964 provide employees additional protections?
7.10 What is the basis for regulating immigration-related unfair employment practices?
7.11 Can employers discriminate against employees requiring visa sponsorship?
7.12 Can employers discriminate against employees with an expiring EAD?
7.13 What information can be requested of an individual prior to the commencement of
       employment?
7.14 Who is a "protected individual" under IRCA and can an employer discriminate against
       those not included?
7.15 Can an employer maintain a policy of only employing U.S. citizens?
7.16 Can an employer require employees to post indemnity bonds against potential liability
       under IRCA?
7.17 Can an employer request DHS' verification of the status of the employee when it is not
       sure whether documents for a new hire are valid?
7.18 Who may file a complaint under IRCA against an employer for violations of the employer
       sanctions rules?
7.19 What is the procedure to file a complaint under IRCA against an employer for violation
       of the antidiscrimination rules? What about a complaint under Title VII?
7.20 How does the OSC investigate complaints?
7.21 How many complaints does the OSC receive each year?

Chapter 8. Penalties and Other Risks
8.1 What penalties does an employer face for Form I-9 violations?
8.2 What are the penalties for unlawful discrimination?
8.3 Can employers who tried in good faith to comply avoid penalties?
8.4 Which cases must be investigated by ICE?
8.5 What is the process for imposing penalties?
8.6 Are entities at a company liable in addition to the one division targeted for penalties?
8.7 Does ICE have to provide advance notice of a Form I-9 audit?
8.8 In what format must Form I-9s be provided to ICE auditors?
8.9 What if records are kept at a location different from where the ICE agents will be visiting?
8.10 Can an employer be penalized if they properly completed an I-9, but the employee turns
       out to be unauthorized?
8.11 Aside from penalties under IRCA, are there other risks associated with not properly
       completing I-9s?

Chapter 9. IRCA Compliance Tips
9.1 What are the best ways to prevent being prosecuted for I-9 employer sanctions violations?
9.2 What are the best ways to avoid immigration-related employment discrimination?
9.3 Should a company have an IRCA compliance officer?
9.4 Should a company have an IRCA compliance policy?
9.5 Should companies have special Form I-9 policies for dealing with outside contractors?
9.6 How do mergers, acquisitions, and other major changes affect Form I-9 requirements?
9.7 Can an employer who does not wish to assume an acquired company's liability for Form
       I-9 violations reverify the entire workforce?
9.8 Are there ICE best hiring practices?
9.9 What is an example of contract language for labor contractors?

Chapter 10. Conducting an I-9 Self-Audit
10.1 What should be asked when preparing for an I-9 audit?
10.2 Should employers prepare a spreadsheet for an I-9 audit?
10.3 Should employers prepare an I-9 audit checklist?

Chapter 11. E-Verify, IMAGE, and SSNVS
11.1 What is E-Verify?
11.2 How many employees are typically run through E-Verify in a year?
11.3 Who administers E-Verify?
11.4 How does E-Verify work?
11.5 How does E-Verify handle H-1B portability cases?
11.6 What computer requirements are necessary to use E-Verify?
11.7 Can a company batch load data to E-Verify?
11.8 What is the required timetable for using E-Verify?
11.9 Does E-Verify tell an employer anything about the immigration status of a new hire?
11.10 What is E-Verify's photo screening tool?
11.11 What information does an employer need to supply for each employee?
11.12 What about employees who don't have SSNs yet?
11.13 What happens if E-Verify issues a nonconfirmation finding?
11.14 Can employers selectively choose which employees are verified in the electronic
       system?
11.15 Can an employer prescreen job applicants through E-Verify?
11.16 Is E-Verify voluntary?
11.17 What if a company does not have a computer or Internet access? Can a third-party
       agent be used to manage E-Verify filings?
11.18 What is an E-Verify corporate administrator?
11.19 How does an employer sign up for E-Verify?
11.20 What are the government's obligations with regard to privacy and data security?
11.21 What are the employer's obligations under the MOU?
11.22 Can a large employer have a controlled rollout of E-Verify instead of including every
         location? Can a large employer change the sites participating?
11.23 What are the benefits of participating?
11.24 Are there risks associated with participating?
11.25 Can an employer verify existing employees as well as new hires?
11.26 Can an employer quit using E-Verify?
11.27 Is an employer protected from an investigation if they use E-Verify?
11.28 What can employees do if they feel they have been subject to discrimination?
11.29 What states require E-Verify?
11.30 What special E-Verify rules apply to student visa holders?
11.31 How reliable is E-Verify in accurately identifying unauthorized employees? What other
         problems are showing up in the system?
11.32 Is there an alternative available to employers that want to check the authenticity of
         SSNs of new hires without using E-Verify?
11.33 What is the E-Verify rule for federal contractors?
11.34 How does the federal contractor rule affect contracts signed before the rule took effect?
11.35 Can the requirement to include the E-Verify clause in federal contracts be waived?
11.36 Are any contracts exempt from the new federal contractor rule?
11.37 How much time does a federal contractor employer have to start running employees'
         names through the E-Verify system?
11.38 Which types of employers only need to verify employees assigned to work on the
         federal contract?
11.39 Can an employer verify all existing employees under the federal contractor rule as
         opposed to just employees working on the contract?
11.40 Does a company already enrolled in E-Verify need to re-enroll in order comply with the
         federal contractor rule?
11.41 What are a company's obligations under the federal contractor rule once the contract is
         over?
11.42 How does the federal contractor rule treat commercially available off-the-shelf
         contracts?
11.43 Which employees associated with a work on a contract must be verified under the new
         federal contractor rule?
11.44 Under the federal contractor rule, how should an employer treat a Form I-9 for an
         existing employee that is not a current Form I-9?
11.45 Are subcontractors also responsible for participating in E-Verify under the federal
         contractor rule?
11.46 What is the contractor language that must be included in contracts of employers
         covered by the federal contractor rule?
11.47 What is IMAGE?
11.48 Will participating in IMAGE guarantee that an employer will not be found liable in an
         enforcement action?
11.49 What obligations do IMAGE participants face?
11.50 What is the SSNVS?
11.51 What restrictions are placed on employers seeking to use the SSNVS?
11.52 What is the DHS/Employer E-Verify MOU?

Chapter 12. Social Security No-Match Letters
12.1 Why did the court block the rule from taking effect?
12.2 How has the DHS attempted to address the court's objections?
12.3 Did the DHS mention any changes to the August 2007 rule in its proposed rule-making?
12.4 Why did ICE issue this rule?
12.5 When was the rule to become effective?
12.6 How has the definition of "knowing" changed in the rule?
12.7 What steps must an employer take if it gets a no-match letter?
12.8 What is the procedure to reverify identity and employment authorization when an
        employee has not resolved the discrepancy as described above?
12.9 Does an employer need to use the same procedure to verify employment authorization
        for each employee who is the subject of a no-match letter?
12.10 What if the employer has heard that an employee is unlawfully present aside from
         hearing from the SSA or the DHS in a no-match letter?
12.11 Does the DHS have the authority to regulate the treatment of notices received by the
         SSA?
12.12 Why did the DHS issue this rule when the Bush White House supported
        comprehensive immigration reform that would give employers legal options for hiring
        these employees?
12.13 Will following the procedures in this rule protect an employer from all claims of
        constructive knowledge, or just claims of constructive knowledge based on the letters for
        which the employers followed the safe harbor procedure?
12.14 Are there any special rules for circumstances such as seasonal employees, teachers
        on sabbatical, and employees out of the office for an extended period due to excused
        absence or disability?
12.15 What are the time frames required under the rule to take each necessary action after
        receiving the no-match letter?
12.16 May an employer continue to employ a worker throughout the process noted above?
12.17 What if the no-match letter is sent to the employee, not the employer?
12.18 Does it matter which person at the employer receives the letter?
12.19 Does verification through systems other than that described in this rule provide a safe
        harbor?
12.20 Does an employer filing a labor certification or employment-based "green card"
        application have constructive knowledge that an employee is unauthorized?
12.21 Does an employer have to help an employee resolve the discrepancy with the SSA or
        the DHS?
12.22 In what manner must employers retain records required under the new rule?
12.23 If a new I-9 is prepared based on this rule, does that affect the amount of time the I-9
        must be retained?
12.24 Doesn't requiring an employee to fill out a new I-9 form per this rule constitute
        document abuse?
12.25 Won't this rule lead to massive firings across the country?
12.26 Will an employer be liable for terminating an employee who turns out to be work
        authorized if they get a no-match letter?
12.27 What if the employee is gone by the time the no-match letter arrives?

Chapter 13. Mergers and Acquisitions
13.1 Generally speaking, how does immigration law factor into a merger, acquisition, or other
        major corporate transaction?
13.2 What are the major immigration risks associated with a merger, acquisition, or other
        major corporate transaction?
13.3 What immigration law concepts come into play when discussing mergers and
        acquisitions? 13.4 How are H-1B visas affected by mergers and acquisitions?
13.5 What impact do mergers, acquisitions, and other major corporate transactions have on
        TN visas?
13.6 How are L-1 intracompany transfers affected by mergers, acquisitions, and other major
        corporate transactions?
13.7 How are E visas affected by mergers, acquisitions, or other major corporate
        transactions?
13.8 How are permanent residency applications affected by mergers, acquisitions, and other
        major corporate transactions?
13.9 How are Form I-9s affected by a merger, acquisition, or other major corporate
        transaction?
13.10 What are some general tips from employers going through a merger, acquisition, or
        other major corporate transaction?
13.11 What are examples of immigration due diligence and boilerplate contract language?

Chapter 14. Criminal Law and Employer Immigration Law Compliance (with Jonathan L. Marks)
14.1 Which agency is responsible for worksite enforcement operations?
14.2 On what grounds are criminal arrests being made and criminal charges being brought in
        worksite enforcement operations?
14.3 What types of employers are more likely to be targeted?
14.4 What is the difference between an administrative arrest and a criminal arrest?
14.5 Are employees of a company who are not owners potentially liable for criminal
        violations?
14.6 What is the offense of "unlawfully employing illegal aliens"?
14.7 What are the penalties for "unlawfully employing illegal aliens"?
14.8 What defenses may be available to the charge of "unlawfully employing illegal aliens"?
14.9 What is the crime of "bringing in and harboring" unauthorized immigrants?
14.10 What are the potential penalties for "bringing in and harboring" unauthorized
        immigrants?
14.11 What is the crime of hiring more than 10 unauthorized immigrants?
14.12 What is the penalty for hiring more than 10 unauthorized immigrants?
14.13 What crimes involving false statements have been used to charge employers in cases
         involving unauthorized immigrants?
14.14 What is the penalty for making false statements?
14.15 What fraud and identity theft offenses potentially apply to employers of unauthorized
         immigrants?
14.16 What penalties may be imposed on employeers convicted of document fraud and
         identity theft?
14.17 What is the crime of mail fraud?
14.18 What is the crime of wire fraud?
14.19 What are the potential penalties for mail fraud and wire fraud?
14.20 What is the crime of money laundering and how does it apply to employers?
14.21 What are the penalties for money laundering?
14.22 What is the crime of fraud and misuse of visas and permits?
14.23 What are the penalties for fraud and misuse of visas and permits?
14.24 What is "misuse of an SSN"?
14.25 What is the penalty for "misuse of an SSN"?
14.26 What is RICO?
14.27 What are the penalties for violation of the RICO Act?
14.28 What types of penalties are typically being imposed on employers convicted in
         connection with unauthorized immigrants?
14.29 What is "seizure and forfeiture"?
14.30 Is it more likely ICE will pursue a worksite enforcement charge or a criminal
         investigation?
14.31 What should you do if an ICE agent arrives at your place of business in connection with
         an investigation of immigration violations?

Chapter 15. Layoffs and Downsizing
15.1 What are the immigration related consequences of layoffs on alien employees in
        nonimmigrant status?
15.2 What should a non-immigrant employee do if they fall out of legal status?
15.3 Is there a grace period allowing a period of time for an H-1B worker to find a new position
        without being considered out of status?
15.4 What are the immigration related consequences of layoffs on alien employees with
        pending green card applications?
15.5 What are the immigration related consequences of layoffs on alien employees who are
        already permanent residents?
15.6 What are the immigration related consequences of layoffs on employers employing
        foreign nationals?
15.7 What are some proactive strategies for preventing negative immigration consequences
        for employers and employees during downsizing?

Chapter 16. State Employer Immigration Laws
16.1 What types of immigration laws and compliance requirements are in my state?

Arizona
AZ.1 How are complaints investigated in Arizona?
AZ.2 What are the penalties if an employer is found to have violated the Arizona law?
AZ.3 Are there any safe harbors in the bill?
AZ.4 How does Arizona define "knowingly"?
AZ.5 Who is an "an unauthorized alien"?
AZ.6 Is an employer liable for work performed by independent contractors?
AZ.7 Do existing employees need to be run through E-Verify to satisfy the Arizona law?
AZ.8 What steps can a company take to reduce the likelihood of being found to have violated
        the new Arizona law?
AZ.9 The May 2008 revisions to the Arizona employer sanctions law made changes to the
        state's identity theft rules that relate to the employment of unauthorized employees.
        What were those changes?
AZ.10 What penalties do employer receiving economic development incentives face for
         violating the Arizona sanctions law?
AZ.11 What are Arizona's special sanctions rules for employers paying in cash?
AZ.12 How does Arizona regulate government procurement contracts for employers with IRCA
         violations?

Arkansas
AR.1 What does the Arkansas law bar?
AR.2 When did the Arkansas law take effect?
AR.3 Who is an "illegal immigrant" under the law?
AR.4 Who is a contractor under the Arkansas law?
AR.5 Are all contracts covered?
AR.6 Are all agencies in Arkansas covered?
AR.7 How do contractors show they have not hired unauthorized employees?
AR.8 What if it is determined that a contractor has hired "illegal immigrants"?
AR.9 Does it matter if a contractor is using the services of individuals hired by a
        subcontractor?
AR.10 Does the law require employers that have contracts with the state to use E-Verify?

Colorado
CO.1 What does H.B. 06-1343 bar?
CO.2 When did H.B. 06-1343 take effect?
CO.3 Who is an "illegal alien" under the law?
CO.4 Who is a "contractor" under the Colorado law?
CO.5 Are all contracts covered?
CO.6 Are all agencies in Colorado covered?
CO.7 How do contractors show they have not hired unauthorized employees?
CO.8 What if it is determined that a contractor has hired "illegal aliens"?
CO.9 Does the law require employers contracting with the state to use E-Verify?
CO.10 Does it matter if a contractor is using the services of individuals hired by a
          subcontractor?
CO.11 If an employer is found to have violated the law, how long will the employer remain on
          the list of employers barred from doing business with the state?
CO.12 What type of investigative authority does the state have under this law?
CO.13 What does H.B. 06S-1001 require?
CO.14 How does the Colorado Economic Development Commission (CEDC) determine that
          an employer is in compliance with IRCA?
CO.15 What happens when the CEDC determines an employer is out of compliance?
CO.16 Do employers have any right to argue against the determination of the CEDC?
CO.17 What does H.B. 06S-1017 do?
CO.18 What facts must the employer state in its affirmation?
CO.19 When did the law go into effect?
CO.20 What enforcement powers does the state have under this law?
CO.21 What penalties are faced by an employer who violates the law?
CO.22 What does H.B. 06S-1015 do?
CO.23 When does the law take effect?
CO.24 What does H.B. 06S-1020 do?
CO.25 Are there exceptions to the law?

Georgia
GA.1 What does Georgia do with respect to E-Verify?
GA.2 What is a "public employer"?
GA.3 When did this change take effect?
GA.4 What does the bill do with respect to deduction of wages paid by employers to
          unauthorized employees?
GA.5 What are the changes made with respect to withholding state income tax?

Idaho
ID.1 What does the executive order do?

Illinois
IL.1 What are H.B.1743's antidiscrimination rules?
IL.2 What types of immigration-related practices does H.B. 1743 bar?
IL.3 When did H.B. 1743 go into effect?
IL.4 H.B. 1744 prohibits participating in the E-Verify program. When will this prohibition be
      lifted?
IL.5 The DHS is fighting Illinois on this legislation. What is the status of that court fight?
IL.6 What type of attestation must employers make once they are permitted to participate in
      E-Verify?
IL.7 Where are these notices to be posted?
IL.8 What are an employer's responsibilities in Illinois if they use E-Verify?
IL.9 Which employees must complete the computer-based tutorial on using E-Verify?
IL.10 What other responsibilities do employers who use E-Verify have under the Illinois law?
IL.11 Are state agencies affected by the new law?

Iowa
IA.1 What does Senate File 562 do?
IA.2 When did the law take effect?

Massachusetts
MA.1 What does the executive order do?
MA.2 Are employers subjected to any new requirements under the executive order?
MA.3 What provisions must be added to contracts between employers and state agencies?

Michigan
MI.1 How does Michigan regulate state government contractors?

Minnesota
MN.1 What does the executive order do?
MN.2 Are there new rules for business licenses under the executive order?
MN.3 Are employers who use E-Verify treated differently with respect to being punished for hiring unauthorized employees?
MN.4 How does the executive order deal with ensuring the order is carried out?
MN.5 What other provisions are in the executive order that affect employers?

Mississippi
MS.1 What is the new law regarding employing workers unauthorized to work?
MS.2 What is the state's new E-Verify mandate?
MS.3 What penalties do employers face for violating Mississippi law?
MS.4 Are there any "safe harbors" for employer?
MS.5 What are the obligations of out-of-state employers who send workers into the state?
MS.6 How are U.S. citizen workers affected by the new law?
MS.7 What is the new felony provision in Mississippi applicable to those accepting
         unauthorized employment?

Missouri
MO.1 What does the new law in Missouri say generally with respect to hiring "unauthorized
         aliens"?
MO.2 What is a "federal work authorization program" under H.B. 1549?
MO.3 Who is a "public employer"?
MO.4 How does H.B. 1549 affect public employers?
MO.5 How does H.B. 1549 affect employers contracting with state agencies?
MO.6 Is there a safe harbor in H.B. 1549?
MO.7 Are businesses liable for the actions of contractors and subcontractors?
MO.8 How are complaints filed and handled under H.B. 1549?
MO.9 What penalties may a court impose when the attorney general brings an action under
         H.B. 1549?
MO.10 What happens if someone files a frivolous complaint?
MO.11 How are employer tax deductions for the wages paid to unauthorized aliens affected?
MO.12 Does the new law contain transporting provisions?
MO.13 When did H.B. 1549 become effective?
MO.14 What does the Executive Order 87- 02 do?

Nevada
NV.1 How does Nevada regulate employer compliance?

New Hampshire
NH.1 How does New Hampshire regulate employer compliance?

North Carolina
NC.1 When did S.B. 1523 go into force?
NC.2 What does the law do?
NC.3 Which employers are covered?

Oklahoma
OK.1 What are OTCPA's transporting and harboring provisions?
OK.2 What are the penalties for violating the transporting and harboring provisions?
OK.3 What are OTCPA's "status verification system" provisions?
OK.4 What is OTCPA's unfair trade practices provision?
OK.5 Is there a safe harbor provision under the Oklahoma law?

Pennsylvania
PA.1 How does Pennsylvania regulate employers who fail to comply with immigration law?

Rhode Island
RI.1 What does the executive order require of state employers?
RI.2 What does the executive order state with regard to private employers doing business with
       state agencies?

South Carolina
SC.1 What obligation does the new law impose on government employers?
SC.2 What obligations does the new law impose on employers engaged in contracts with
         state agencies?
SC.3 Are there requirements applicable to all private employers?
SC.4 How are complaints against private employers investigated and violations punished?
SC.5 What is the new "employment license" created by the new law?
SC.6 When does the new law take effect?
SC.7 Is there a safe harbor for employers in the new law?
SC.8 Are there penalties for those filing false complaints?
SC.9 What is the new requirement for reporting violations?
SC.10 What does the new law change with respect to deducting wages paid to unauthorized
        employees?
SC.11 What is the new transporting bar contained in the new law?
SC.12 What does the new law change with regard to identity theft?
SC.13 Does the law give any rights to discharged U.S. workers?

Tennessee
TN.1 How does Tennessee define "knowingly" Public Chapter No. 529?
TN.2 Who is an "illegal alien"?
TN.3 How does the commissioner of Labor and Workforce Development (LWD) determine
        when to go after a company?
TN.4 If the commissioner determines there is evidence the new law has been violated, what is
        the process that occurs before a company's business license is affected?
TN.5 If the business license is revoked, how can it be reinstated?
TN.6 What happens if a subsequent violation is found to have occurred?
TN.7 Is there an appeals process?
TN.8 Is an employer liable for work performed by independent contractors?
TN.9 Are there any safe harbors in the bill?
TN.10 What steps can a company take to reduce the likelihood of being found to have violated
        Tenn. Code Ann. §50-1-103?
TN.11 Are there other Tennessee laws covering employers and immigration?
TN.12 What limits does Public Chapter No. 878 impose on state agencies?
TN.13 What happens if a contractor is found to have employed an "illegal alien"?
TN.14 How are state agencies to ensure compliance?
TN.15 How often must the attestation be updated?
TN.16 When did the law go into effect?
TN. 17 What does Public Chapter No. 220 do?

Texas
TX.1 What does H.B. 1196 do?
TX.2 Does the law apply to companies related to the company receiving the subsidy?
TX.3 How is "public subsidy" defined?
TX.4 How is "undocumented worker" defined?
TX.5 What happens if a business violates its certification?
TX.6 When did the law become effective?

Utah
UT.1 What is the new verification requirement for state agency employers in Utah?
UT.2 What new requirements are imposed on contractors doing business with state
        agencies?
UT.3 When does the requirement that contractors use a status verification system take
        effect?
UT.4 Is the contractor responsible for the work of other contractors or subcontractors?
UT.5 How are U.S. citizen workers affected by the new law?
UT.6 What are the new Utah law's transporting and harboring provisions?
UT.7 What are the penalties for violating the transporting and harboring provisions?
UT.8 Are there exceptions to the transporting and harboring provisions?
UT.9 When does the transporting and harboring law take effect?

Virginia
VA.1 What kinds of violations will trigger a termination of the right to do business in the state?
VA.2 What does S.B. 517 say with respect to contractors?
VA.3 What changes are made regarding public agencies?

West Virginia
WV.1 What does S.B. 70 do?
WV.2 What penalties are faced by employers who violate the law?
WV.3 How does S.B. 70 affect business deductions for unauthorized employees' salaries?
WV.4 Can a business license be revoked under S.B. 70?

Part II: An Overview of the U.S. Immigration System

Chapter 17. Nonimmigrant Visas
17.1 What are the five major immigration status/visa categories?
17.2 What are the major types of nonimmigrant visas and to whom are they available?
17.3 What kinds of questions are relevant for H-1B visa applicants?
17.4 How long is the H-1B visa valid?
17.5 Can an H-1B visa holder also apply for a "green card"?
17.6 Are spouses or children of H-1B visa holders permitted to work?
17.7 Are H-1B visa holders required to maintain ties to their home countries?
17.8 How many H-1B visas are provided each year?
17.9 Are H-1B visa holders permitted to change employers?
17.10 Are H-1B visas permitted for self-employment?
17.11 What happens in the event the H-1B applicant lacks an appropriate degree?
17.12 What kinds of questions are relevant for B-1 and B-2 visa applicants?
17.13 How long is the B-1 or B-2 visa valid?
17.14 Are B-1 and B-2 visa holders allowed to work in the United States?
17.15 Nationals from which countries are eligible for the Visa Waiver Program (VWP)?
17.16 What kinds of questions are relevant for F-1 visa applicants?
17.17 What are the requirements for the F-1 visa holder?
17.18 Can an F-1 visa holder work in the U.S. after completing an educational program?
17.19 What limitations are there on the spouses and children of F-1 visa holders?
17.20 What kinds of questions are relevant for J-1 visa applicants?
17.21 Is there a requirement for J-1 visa holders to return home before switching to another
         visa?
17.22 What are the time requirements for J-1 visa holders?
17.23 What about employment opportunities in the U.S. for the spouses and children of J-1
         visa holders?
17.24 What kinds of questions are relevant for O-1 visa applicants?
17.25 What is the time limit on the issuance of O-1 approvals?
17.26 Are O-1 visa holders required to maintain a residence abroad?
17.27 May O-1 visa holders apply for a "green card"?
17.28 What kinds of questions are relevant for L visa applicants?
17.29 What are the time limits for L visa holders?
17.30 Are "green cards" easy to get for L visa holders?
17.31 Are spouses of L visa holders allowed to work?
17.32 Which type of employee has a difficult time getting an L visa?
17.33 What kinds of questions are relevant for E-1 and E-2 visa applicants?
17.34 What are the time limits for E visa holders?
17.35 Are spouses of E visa holders allowed to work?
17.36 What is the impact of permanent residency applications on E visas holders?
17.37 What kinds of questions are relevant for R visa applicants?
17.38 What is the time limit for R visa holders?
17.39 At what point may R visas convert to "green cards"?
17.40 Has the USCIS changed the process to acquire an R visa recently?
17.41 What kinds of questions are relevant for TN visa applicants?
17.42 What is the time limit for TN visa holders?
17.43 Are TN Visa holders required to demonstrate an intent to immigrate to the United
         States?
17.44 How do Canadians apply for TN visa status?
17.45 How do Mexicans apply for TN visa status?
17.46 Where are TN visa extensions and change of status applications filed?
17.47 Are degrees in a field required?
17.48 What kinds of questions are relevant for E-3 visa applicants?
17.49 Do E-3 applicants require advanced USCIS approval?
17.50 May spouses of E-3 visa holders be eligible for an EAD?
17.51 Is a Labor Condition Application (LCA) required of the E-3 visa holder?
17.52 What is the time limit for E-3 visa holders?
17.53 Are the nonimmigrant visas listed in No 16.2 above a complete listing?

Chapter 18. Immigrant Visas (the "Green Card")
18.1 What are the four basic categories of immigrant visas?
18.2 What kinds of questions and waiting periods are relevant for Family-Sponsored
        Immigrants?
18.3 How are these waiting periods determined?
18.4 What's the implication of marriage to a U.S. citizen?
18.5 Can a person convert from one immigrant preference or immediate relative category to
        another?
18.6 What kinds of questions are relevant for Diversity Visa (DV) applicants?
18.7 What kinds of issues are relevant to the DV "Green Card" lottery?
18.8 What kinds of questions are relevant for the EB-1-1 "green card"?
18.9 Is employment necessary to get the EB-1-1 "green card"?
18.10 What kinds of questions are relevant for the EB-1-2 "green card"?
18.11 Is the EB-1-3 "green card" identical to the L-1 visa?
18.12 What kinds of questions are relevant for the EB-2 "green card"?
18.13 What is the processing time for the EB-2 "green card"?
18.14 Is employment a requirement for the EB-2 application?
18.15 Who is eligible for the EB-3 "green card"?
18.16 What is the subcategory of the EB-3 "green card"?
18.17 Is the EB-4 "green card" the same as the R-1 visa?
18.18 What kinds of questions are relevant for the EB-5 "green card"?
18.19 What does the USCIS consider when granting the EB-5?

Chapter 19. Asylees and Refugees
19.1 What are asylees and refugees?
19.2 What is the difference between an asylee and a refugee?
19.3 Are there other protected groups?

Appendices
A. Notable ICE Worksite Enforcement Operations in 2006-2008
B. M-274, Handbook for Employers
C. Electronic I-9 and E-Verify Vendors

AUTHOR

Greg Siskind is a partner in Siskind Susser's Memphis, Tennessee, office. After graduating magna cum laude from Vanderbilt University, he received his Juris Doctorate from the University of Chicago. Mr. Siskind is a member of AILA, a board member of the Hebrew Immigrant Aid Society, and a member of the ABA, where he serves on the LPM Publishing Board as Marketing Vice Chairman. He is the author of several books, including the J Visa Guidebook and The Lawyer's Guide to Marketing on the Internet. Mr. Siskind practices all areas of immigration law, specializing in immigration matters of the health care and technology industries. He can be reached by email at gsiskind@visalaw.com.

CONTRIBUTOR

Jonathan Marks concentrates his practice in the areas of business litigation, anti-fraud counseling and litigation and white collar criminal and civil litigation. He served five and one-half years in the United States Attorney’s Office for the Northern District of Indiana. As an Assistant U.S. Attorney, Mr. Marks handled a wide range of matters including public corruption, tax evasion, RICO, money laundering, bank fraud, insurance fraud, and embezzlement of employee pension and benefit funds. He is a partner in Katten Muchin Rosenman LLP, founded in 1974, a full-service law firm with more than 600 attorneys in locations across the United States and an affiliate in London.

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