Top 8 Immigration Mistakes Made by the Employers

Top 8Employers are looking to hire foreign nationals have several work visa options available. The process of choosing the right visa is a tricky task and a confusing one as well, but the application process is far more daunting. There is additional documentation that must be prepared immediately after on boarding a new employee.

Here are some of the mistakes employers make while filing an application and within the first few days after the foreign national employee joins.

  • Beginning the Application Process Late

The completion of a visa application, regardless of the type of work visa sought, may be intensive as well as time-consuming. In most cases, the visa application needs the cooperation between the foreign national employee and the employer. Even if the process moves smoothly, visa applications require the submission of a large number of supporting as well as necessary documents that may take a long time to be gathered. Owing to this, significance lies in beginning the work visa application procedure way before the employment start date or application filing date.

  • Absence of Adequate Supporting Documentation

The U.S. Citizenship and the Immigration Service needs documentation establishing eligibility to be submitted with each work visa application.

The data can include the applicant’s abilities, work data, and compensation data. The United States Citizenship and Immigration Services (USCIS)also needs substantial documentation from the company regarding employment needs, qualifications, and skills of the employee as well as salary information and other necessary details. This is just the tip of the iceberg.

This documentation should be reviewed and compiled by a U.S. immigration attorney. He / she will guarantee that the USCIS prerequisites are met.

  • Forgetting to Complete or Sign the Application

Though this looks like a small mistake, but forgetting to sign the application or leaving a section blank may cause a petition to be rejected and deadlines to be missed. You may need to start the process all over again and perhaps wait for a significant period of time before being able to do so. This will delay the employment of the foreign national, you were looking forward to having on board.

  • Inability to Make Payments

When a new H1B petition is filed, the employer must show that employment will commence within 60 days of the employees entry into the United State. Make sure that the company has adequate money as asset or in the bank to pay the employees .

There is a misconception that in case a given employee is on the bench, he need not be paid. Make sure that the employees are paid, when the employers are filing an immigration application for him/her.

  • Not Informing the USCIS in Case an H1B Employee Leaves

Most IT consulting companies fail to inform in case an H1B Employee is leaving. Failure to do so will result in dire consequences. Make sure to communicate with your immigration attorney frequently as much as possible so they can provide proper notification to USCIS.

  • Making PERM Mistakes

When a foreign nationals seek U.S. green card through employment, they rely upon their employer. For sponsoring a foreign national employee, the U.S. employers are first required to complete the labor certification process that is known as “PERM”. The PERM process needs the U.S. employer to submit the ETA Form 9089 confirming that no qualified and willing U.S. worker is available for this position.

Here are some of the mistakes employers make in the completion of the ETA Form 9089 as well as placing the necessary advertisements.

  • Failure in retaining PERM Documentation
  • Failure in responding to the emailed questionnaire from DOL
  • Failure to include the past as well as present work supervisors of the employee
  • Placing the advertisement on the wrong dates
  • Failure to double check things on the ETA Form 9089 ensuring that all the information supplied is correct
  • Not Asking the Employees to Complete Form I-9

Not asking the employees to complete the Form I-9 is a huge mistake. The IRCA regulations require employers to have all the new employees complete Form I-9 within the first three days of employment.

Though the employees have three days to provide the eligibility documents, it is better to complete the Section 1 of this form on the very first day of employment.

  • Accepting Copies Instead of Original Documents

The IRCA regulations require employers to review the original documents.

The receipts are acceptable only as a replacement of a document that grants work authorization in instances the original is lost, damaged or stolen. In case a receipt is presented as a replacement, the original document must be submitted within 90 days.

Remember these common mistakes and try to avoid them all, while you have a foreign national on board.

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