Immigration Issues for Human Resource Personnel

The immigration process continues to represent an ever-increasing challenge for Human Resources personnel, recruiters and managers. For those of you who face the myriad of immigration-related issues, a basic knowledge of U.S. immigration law is essential. Misunderstandings or errors in complying with the legal requirements may result in the following:

• Hiring delays
• Violations of federal laws
• Fines and criminal penalties for the Company
• Dismissal/ deportation of employees
• Discrimination/ employment suits against the Company
• Federal government audits
• Restrictions in future hiring of foreign nationals

Immigration issues arise in various settings and Hiring Managers, Employee Services, and Human Resources Representatives must consistently answer immigration questions in the following contexts:

• Hiring
• Promotion/Transfer/Relocation
• Travel of foreign national employees
• Retention (including permanent residence)
• Corporate Reorganizations/Mergers/Acquisitions
• Termination
• Work Authorization/ Drivers Licenses/ Social Security
• Government audits of I-9/H-1 public inspection folders/PERM retention folders

Moreover, any job title, location or other change in the position of a foreign employee holding a temporary visa or in process of obtaining legal permanent residence may either require submission of a new immigration application/petition or have a negative impact on the process being undertaken and must be prescreened and carefully considered before any change occurs.

Immigration law is complex, due to the fact that the immigration laws themselves are intricate and undergo changes on a daily basis. Hear about hot topics, compliance issues and best practices from one of the leading immigration attorneys in the nation.

Neil S. Dornbaum is a member of the firm of Dornbaum & Peregoy, LLC. Newark, New Jersey. His practice is limited to immigration and nationality law (with special emphasis on corporate and employment based immigration matters).

He has served as Chair; NJ State Bar Association's Immigration, Nationality and Americanism Committee; and currently serves on the ABA’s "Commission on Immigration".

A frequent lecturer and author, he is listed in “An International Who's Who of Corporate Immigration Lawyers”, Martindale-Hubbell’s “Bar Register of Preeminent Lawyers”, “Super Lawyers” and “Best Lawyers in America”.