The immigration laws of the United States require companies to employ only people who are able to work in the United States legally. This can be as U.S. citizens or foreign citizens who have the appropriate and necessary authorization. The United States Citizenship and Immigration Services (USCIS) is the government agency that is tasked with overseeing lawful immigration to the United States. USCIS manages the process that permits individuals from other countries to work in the United States. Some of these opportunities can be short-term, while others provide a path to a green card (permanent residency).
USCIS also manages the system that allows participating employers to electronically verify the employment eligibility of their newly hired employees. This system, called E-Verify, is an Internet-based system that lets businesses determine the eligibility of their employees to work in the U.S. E-Verify is free and the best way employers can ensure a legal workforce.
E-Verify is linked closely to Form I-9, Employment Eligibility Verification, and is used to fortify the Form I-9 employment eligibility verification process that all employers are required to follow. Although using the E-Verify system is voluntary for most employers, the completion of Form I-9 is required.
In April of this year, the U.S. Customs and Border Protection (CBP) automated the Form I-94, Arrival/Departure Record process at air and seaports. Their plan expands the automated process nationwide to all air and seaports of entry by the end of May 2013. The CBP will continue to provide the paper Forms I-94 to certain individuals arriving in the United States by air or sea. This includes refugees, certain asylees, and parolees, as well as where the CBP deems the paper Form I-94 appropriate. Also, USCIS will continue to issue the paper Form I-94 to aliens who are already in the United States.
The automation of the CBP I-94 record does affect E-Verify. If an employee provides their foreign passport with their Form I-94 arrival/departure record, they will be required to enter the foreign passport information when creating a case in E-Verify.
The attorneys in the International Practice Group at BoltNagi PC have worked with many immigration issues, and has the experience and resources to assist you and your business. Attorney Ashley D. Dworsky, Chair of the BoltNagi International Practice Group, together with Attorney Laura C. Nagi handle all areas of immigration law, with an emphasis on business and family immigration and visa law. Please contact BoltNagi PC today to address your immigration concerns.