i-9 compliance and common work visa options 工作 …l1-b 5 year limit; l1-a 7 year limit ... arts,...

Prepared by: Harry Gee

with Daniel Zhang

and Patrick O’Rourke

Harry Gee & Associates, PLLC

I-9 COMPLIANCE AND

COMMON WORK VISA OPTIONS

工作资格审核及常见工作签证类别

www.HarryGee.com

WHO NEEDS AN I-9 FORM?

那些员工需要填写I-9表？

o If employment lasts only one day?

o Employees hired before November 6, 1986 ?

o Employees hired more than 3 years ago?

o Owners?

o Subcontractors?

o ICE can double check

o Tax and Wage Report

2HARRY GEE & ASSOCIATES, PLLC03/18/2015

Section 1

Employee


Section 2

Section 3

Employer

Reverify Rehire


ICE FACTS FOR 2013

移民海关执法局统计数据

●ICE made 452 criminal arrests tied to worksite

enforcement investigations.

●Of the individuals criminally arrested, 179 were

owners, managers, supervisors or human

resources employees.

●ICE served 3,127 Notices of Inspection and 637

Final Orders, totaling $15,808,365.00 in

administrative fines.


HOUSTON BASED FINES – UNAUTHORIZED

WORKERS

休市顿的几个案例

●Hong Li Employment Agency, $2.2 million and 18months in federal prison for placing illegal aliens asfood service workers in Chinese and Asianrestaurants across the United States, 2/5/2015

●Atrium Companies, Champion Window, $2 million,admits to hiring illegal aliens, 1/24/2012

●Advanced Containment Systems Inc., $2 million,admits to hiring illegal aliens, 1/24/2012

● IFCO Systems, $20.7 million, Five Senior Managerspled guilty to hiring illegal aliens, 9/15/2011


OFFICE OF THE CHIEF ADMINISTRATIVE HEARING OFFICER

(OCAHO) DECISIONS

司法部主行政听证办公室案例

●U.S. v. La Hacienda Mexican Café, 10 OCAHO

No. 1167 (2013)– 24 missing I-9 forms initially fined at $935 each

●U.S. v. Pharoah’s Gentleman’s Club, Inc., 10

OCAHO No. 1189 (2013)– 41 missing or improperly completed I-9 forms initially fined at

$935 each

– Backdating? The version of the form used did not exist at the

time the I-9 was supposedly completed and identification

documents were issued after the purported preparation date


IN HOUSE AUDIT

公司内部自我审核

●ICE best practice

– Remediate non-compliant I-9 Forms with an audit

●OSC states that I-9 audits must be conducted in

a non-discriminatory manner

– Identify any document abuse


COMMON WORK VISA CATEGORIES

常见工作签证类别

● L-1 Intracompany Transferee 跨国公司内部派遣

●H-1B Specialty Worker 专业人员

●B-1 Business Visitor & Visa Waiver 商务访问及免签

●E-1 / E-2 Treaty Trader / Treaty Investor 投资，贸易

●O-1 (Outstanding) Extraordinary Ability 杰出人才


L-1 INTRACOMPANY TRANSFEREE

跨国公司内部派遣

●For multinational companies seeking to transfer

certain employees to the US from abroad

●Companies must be related: Parent, Branch,

Subsidiary, Affiliate

– Special requirements for “new offices”

●L1-B 5 year limit; L1-A 7 year limit

●Spouse eligible for work authorization


H-1B

专业职位

●The H-1B is a temporary non-immigrant status

that permits a qualified foreign national to work

in the U.S. in a specialty occupation that

requires the services of a professional

●‘Professional’ is essentially defined as a position

minimally requiring a Bachelor’s degree

●The position must require a degree

●The foreign national must have a degree or

equivalent in a relevant field


B-1 商务

●may not be engaged in employment or perform

skilled or unskilled labor in the US, unless qualify

for exceptions

●required to have a foreign residence

●enter for specifically limited duration

●purpose limited to legitimate activities relating

to business

– commercial deals; negotiate contracts; consultations;

litigation; conferences; meetings


E-1 TREATY TRADER

E-2 TREATY INVESTOR

协约贸易，投资

●Only nationals of countries US has a treaty with

●E enterprise must be ≥ 50%-owned by nationals

of the country (allows self-sponsorship)

●E-1: based on enterprise doing ≥50% of

international trade between US & treaty country

●E-2: substantial investment required: DOS uses

proportionality test. Practitioners typically

recommend at least $50,000


O-1 EXTRAORDINARY ABILITY

杰出人才

●Alien with extraordinary ability in the sciences,

arts, education, business or athletics, or movies

or television stars (and certain assistants)

●Requires a foreign residence to return to

●Qualifies with major award (Nobel Prize)

– Alternately a combination of USCIS criteria: national

awards, published works, membership requiring

outstanding achievement, commands high salary

compared to others in field, & similar.


VISA WAIVER

免签

●Enables nationals of certain countries to travel

to the US for the same business or tourism

purposes of a B-1 or B-2 without obtaining a

visa for stays of 90 days or less

●Requires application for authorization though

Electronic System for Travel Authorization (ESTA)

– https://esta.cbp.dhs.gov/esta/

●Currently 38 countries participating


Harry Gee & Associates, PLLC

WWW.HARRYGEE.COM

Additional information www.HarryGee.com/Expertise

5847 San Felipe, Ste 2950

Houston TX 77057

713.781.0071

i-9 compliance and common work visa options 工作 …l1-b 5 year limit; l1-a 7 year limit ... arts,...

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