How are Current Immigration Policies Affecting my Business?? Kelley L. Thurston, Esq. Frazier & Ramirez Law

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I-9 Compliance All employers are required to complete a Form I-9 to verify the identity and work authorization of every employee hired. An Employer cannot: Knowingly hire an unauthorized alien Continue to employ an unauthorized alien after are aware that she is unauthorized Hire an individual without complying with the employment verification process

ICE’s Worksite Enforcement Priorities On January 10, 2018 ICE announced its 3- pronged approach to worksite enforcement Compliance through I-9 inspections, fines and referral for debarment Enforcement and arrest of employer and unauthorized employees Outreach to instill a culture of compliance and accountability ICE’s Worksite Enforcement Priorities

Worksite Enforcement FY18 In fiscal year 2018, HSI opened 6,848 worksite investigations compared to 1,691 in FY17; initiated 5,981 I-9 audits compared to 1,360; and made 779 criminal and 1,525 administrative worksite-related arrests compared to 139 and 172, respectively; all of these categories surged by 300 to 750 percent over the previous fiscal year.

Worksite Enforcement FY18 Criminal indictments and convictions remained at a steady level compared to previous years, but those numbers are also expected to rise due to many ongoing investigations, which can take months to years to fully develop, according to HSI. In fiscal year 2018, HSI saw 72 managers indicted compared to 71 in FY17, and 49 managers convicted in FY18 versus 55 in FY17.

I-9 Violations (Fresh Mark) On June 19, 2018, HSI special agents executed a criminal search warrant at Fresh Mark in Salem, Ohio, in addition to federal document search warrants at three other Fresh Mark locations in Northern Ohio. During the search warrant execution, authorities identified 146 Fresh Mark employees working at the Salem meat processor who were subject to arrest for immigration violations.

I-9 Violations (Load Trail) In August, HSI executed criminal search warrants at trailer manufacturer in Sumner, Texas, and arrested 160 people on immigration violations, many who were using stolen identities of U.S. citizens. The ongoing criminal investigation is being coordinated with U.S. Attorney’s Office for the Eastern District of Texas.

I-9 Violations (Asplundh Tree Experts) Asplundh Tree Experts, Co., pleaded guilty to unlawfully employing aliens. The highest levels of management “remained willfully blind” while the lower level managers hired unauthorized workers. Fine: -$80 Million – criminal forfeiture money judgment -$15 Million – civil payment

Buy American Hire American Presidential Executive Order was issued on April 18, 2017 Sec. 2.  Policy.  It shall be the policy of the executive branch to buy American and hire American.

Ways to get your foreign employee in to the US so she can work for you H-1B H-2A H-2B L-1 TN Ways to get your foreign employee in to the US so she can work for you

H1-B The H-1B program allows employers in the United States to temporarily employ foreign workers in occupations that require the theoretical and practical application of a body of highly specialized knowledge and a bachelor's degree or higher in the specific specialty, or its equivalent.

H-2A Workers performing agricultural labor or services of a temporary or seasonal nature

Workers performing other temporary service or labor H-2B Workers performing other temporary service or labor

H1-B Approval/Denial in the US Initial Approval 48,773 87,889 105,092 Initial Denial 23,470 28,181 11,295 Continuing Approval 108,395 247,072 252,120 Continuing Denial 17,251 33,165 11,737

H1-B Approval/Denial in New Mexico 2019 NM 2018 NM 2016 NM Initial Approval 96 199 182 Initial Denial 21 98 6 Continuing Approval 133 214 266 Continuing Denial 15 27 18

Report to Congress FY 2017 (October 1 – Sept 30) The number of H-1B petitions filed increased 1.24 percent from 398,718 in FY 2016 to 403,675 in FY 2017. The number of H-1B petitions approved increased 5.9 percent from 345,262 in FY 2016 to 365,682 in FY 2017. 1 The number of H-1B petitions approved in FY 2017 for workers between the ages of 25 and 34 was 66.2 percent. The number of H-1B petitions approved in FY 2017 for workers with a bachelor’s degree was 45.2 percent. In addition, 44.5 percent of approved petitions were for workers with a master’s degree, 6.8 percent had a doctorate, and 3.3 percent were for workers with a professional degree. The number of H-1B petitions approved in FY 2017 for workers in computer-related occupations was 69.8 percent. The median salary of beneficiaries of approved petitions increased from $82,000 for FY 2016 to $85,000 for FY 2017.

Visas under NAFTA TN visa for immigrants from Canada or Mexico engaged in professional activities TN visa

Questions? Kelley L. Thurston, Esq Frazier & Ramirez Law 505.830.6563 kelley@frazierramirezlaw.com