Are you thinking about hiring a professional from Canada? If you do, you don’t need to worry about getting H visas in on time!

There is a simple way called a TN Visa (trade national) under NAFTA that allows certain professionals (such as physicians, chemists, dentists, architects, and teachers to name just a few) from Canada to enter the U.S. to work.

In many situations, they are preferable to H visas because

• They are renewable continuously.
• There is no limit to the number of visas available.
• There is no time limit on when you can apply for one.

Also, a citizen of Canada can apply for the TN visa while attempting to enter the U.S. directly at the port of entry. They do not need to apply at a Consulate or the USCIS, as they do for H visas.

TN visa holders can be admitted for up to three years if they have a passport valid for the entire period and the employment will last at least that long. If an employer wants to hire a Canadian, the business should write a strong employment letter to support the Canadian’s visa application at the border.

It should include details such as place of employment, length of job, wage and details of job duties. But remember, if the employer states the job will last 24 months, then the visa, when granted, will be only for 24 months and not three years.

Also, a TN Visa holder can always renew the TN visa for the same or other employer beyond the initial amount of time, with no limitation on number of renewals. Again, this is unlike an H visa, which is only available for a maximum of six years for the foreigner(two three-year periods).

If you are considering hiring a Canadian, give us a call to discuss your options. There are some professions and job titles that do not qualify for a TN visa, so it is best to check with counsel before proceeding.  We would be happy to discuss this with you!  It’s what we do.

Foreign investment in a U.S. business is a win-win.

Under the EB-5 visa program, U.S. immigration law allows foreign investors to speed up their green card process when they invest money in the U.S. economy and employ Americans. It’s a sound investment for foreigners and a needed injection of jobs and money for struggling local economies.

Under the EB-5 visa program, the foreign investor is able to accelerate the green card process when he or she invests $1 million in a U.S. business. If the investment is made in an area considered a “targeted employment area” (defined as a rural area or one with unemployment at or above 150% of the national average),  the investor only needs to invest a minimum of $500,000. In addition, the foreign investor must agree to employ at least 10 full time workers.

The EB-5 (investment visa) is currently a hot trend at Department of Homeland Security. There are 10,000 visas available in this category annually, but typically less than 1,500 are utilized.  Although the investor program has been active since November 1990, it has become very popular lately as U.S. businesses and local communities struggle with high unemployment and difficult credit. Foreigners view the U.S. as a blue chip investment, and communities affected by the recession welcome the influx of money and jobs.

The United States as a whole also benefits from the EB-5 visa program. Investors like these are the type of people we need coming in to the U.S.: highly motivated, well educated, business savvy, financially secure individuals who want to run a business and provide full time employment for  U.S. workers.  In return, the foreigner and his/her immediate family receives permanent residency (green card status) after a conditional period of two years. It is a program that truly benefits everyone involved.

Like all Department of Homeland Security programs, the EB-5 program is complex, with many regulations to consider. If you or someone you know would like more information about this program and how to apply, give us a call. It’s what we do and we are happy to help! Thoughts on EB-5? Feel free to comment below.

President Obama’s administration took steps late last week to make it easier for Americans to avoid being separated from their families due to immigration issues.

The Obama administration is supporting a new proposed regulation to allow undocumented spouses and children in the U.S. the opportunity to apply for a waiver for their unlawful presence without having to leave the country first.

The regulation, if passed by Congress, will have an enormous positive impact on strengthening families and promoting unity by not forcing them to be needlessly separated for long periods of time outside the U.S. while the applications are processed.

Currently, spouses and children who were not properly inspected at entry into the U.S. are not permitted to apply for a green card inside the U.S. Today, they would have to leave and then hope they can obtain a waiver, which is a very lengthy, risky and not-too-successful method that requires proof of extreme hardship – a tough standard to meet.

Folks on both sides of the political spectrum should agree to support this change because it will reduce the numbers of overstays and illegal immigrants in this country, making enforcement easier. The NY Times published an article on this important immigration change on January 6, 2012. (Read the article here.)

We will update you through this Blawg as more information becomes available on these new developments. If you have any questions on immigration law, as always, please feel free to contact us by email or calling our offices at 603.228.1277.

Over the years, GoffWilson has become known for the educational seminars and webinars we offer. It’s always nice when we hear feedback on these events as they let us know how we can improve and if people value the experience.

On November 10, Attorney John Wilson and Associate Attorney Grace Miller conducted a SHRM national webcast on I-9 audits. The presentation was an in-depth discussion of the intricacies of I-9s and pitfalls to avoid.

There were more 300 participants from around the country on this immigration law webinar–not surprising considering this hot issue and the fact that webinar attendees earned HRCI credit.

Following the 90-minute presentation, the participants completed a survey to rate the broadcast. According to the folks at SHRM who tallied the results, the combined excellent/very good score on presenter puts GoffWilson in the top 5% of all presenters for SHRM. That’s great news for us!

No one rated us as “fair” or worse. Ratings regarding content were also very high with 88% of the participants reporting excellent or very good content. Again, this is in the top 10% of all SHRM broadcasts.

Over 90% of the listeners stated they would recommend this program to others needing information on the topic. Based on these terrific results, we plan to offer another program(s) in 2012. Our I-9 training seminars (live) or via webcast are especially popular in this climate of heightened scrutiny of US Employers. Make sure you are prepared. Let us know if we can help. Interested in specific topics? Feel free to comment below or email us today.

As a leading immigration law firm, GoffWilson is pleased to announce that we have again been approved as an HR Certification Institute “Approved Provider.”

Our certification is valid until December 31, 2014. This empowers us to offer all of our seminar and webinar attendees PHR, SPHR, GPHR certification for credit earned by participating in GoffWilson training sessions. GoffWilson is very excited to again be certified by national SHRM in this category.

“Certification for HR folks is an important tool in keeping their continuing education credits current,” said GoffWilson Attorney John Wilson. “We are glad to be able to assist the HR community in this way by offering seminars on topics of import to them in their field.”

In a move that could have important consequences for immigration law, the Social Security Administration (SSA) has suspended sending employer Social Security No-Match letters, due to Federal budget contraints.

Social Security No-Match letters are sent to employers when an employee’s Social Security Number does not match the name provided. SSA does not know if or when sending these letters will recommence or whether any employer No-Match letters will be sent commencing in April 2012.

Although the SSA has indicated that they will not be taking any follow-up action to the letters that were already mailed this year, employers should follow the instructions provided within the letter and correct the issues spotted. Since the mismatch can be caused by many reasons – not just unauthorized employment – including such things as name changes and typos, these letters are used as one of many indicators to indict employers who had actual knowledge of their employees’ employment authorization.

Ultimately, it is the employer’s responsibility to ensure that appropriate actions have been taken and the cause of the mismatch has been resolved. If as an employer, you have any questions about an employee’s employment authorization, it is critical to reconcile these issues.

We can help you with any questions you may have about SS letters or immigration law compliance issues in general. It’s what we do! Please contact us with questions.

GoffWilson is happy to support and sponsor the first ever Manchester Area Human Resources Association’s (MAHRA) statewide networking event on December 6 for the benefit of our colleagues in the HR community. If you have not yet registered, there is still time!  Click here to register.

The networking event will kick off at 5:00 PM at The Derryfield, 625 Mammoth Road, Manchester, New Hampshire. In addition to a few comments by Attorney John Wilson, the event will feature a presentation on networking do’s and don’ts by Ted Gorski, who is one of the most talked about executive coaches in New England. GoffWilson will be giving away TWO entry fees to the annual Granite State HR Conference in May 2012, which has a $215.00 value per registration just by submitting your business card. MAHRA will also be sponsoring a silent auction to support the SHRM Foundation, a non-profit organization that focuses on HR research, grants, and scholarships to support HR professionals. The silent auction will feature items that include gift certificates, sports memorabilia and tickets, and consulting and professional development trainings and workshops.

We hope to see you there!

As a firm focusing on immigration law, we are always tuned in to news about immigration law violations and how costly they can be for employers. Last week, U.S. Immigration and Customs Enforcement (ICE) sentenced the owners of Aquila Farms, a dairy operation in Bad Axe, MI, for hiring illegal aliens and on other immigration charges. The penalty included a $500,000 fine, five years of probation and payments totaling $2 million in lieu of asset forfeiture. The Michigan dairy farm employed 78 different undocumented workers from 2000 to 2007, making up almost 75% of their workforce.

Elsewhere, the new immigration law  in Alabama has the state’s farmers concerned about both federal and state penalties, as well as finding and retaining a legal workforce for the upcoming growing season. But farming is not the only industry that may find ICE knocking at their door if they violate immigration law.

ICE has stated, “No industry, regardless of size, type or location is exempt from complying with the law.” ICE has also said that they determine which employers to investigate “based upon specific intelligence obtained from a variety of sources.” In the farming case in Michigan, the inquiry was based on a lead from the Michigan State Police. Employers need to be aware that this that information is shared across all agencies.

Employers are responsible for making sure that their employees’ I-9 forms– the primary mechanism that ensures all your employees are authorized to work in the U.S.– are in compliance with the law. You need to have your I-9 house in order. Call us, it’s what we do best and we are here to help! To stay connected with GoffWilson and the Immigration bLAWg, be sure to follow us on Facebook and Twitter.

New Hampshire Public Radio aired an interesting report this morning on the need for immigrant workers in the state on H-1B visas. (Also scheduled for this afternoon at 5 p.m., the story includes input from our own John Wilson, Esq.)

The report, from NHPR reporter Sam Evans-Brown, explores the need for immigrants to provide skilled work in a NH economy that badly needs their services. He interviews a human resources director for one Nashua company that has more than 70 people on H-1B. Hear Evans-Brown’s report here.

About half of the company is filled by skilled foreign workers who come on temporary H-1B visas, Evans-Brown reports, even though the company pays recruiters to look for American candidates. It’s worth a listen for anyone who is connected with the H-1B visa world. If you have questions about H-1B visas, feel free to contact GoffWilson. Immigration law is what we do.

Last week, Ivan Hardt, president of Sun Drywall and Stucco in Sierra Vista, AZ,  pleaded guilty to federal charges of hiring undocumented employees after a 16-month investigation by U.S. Immigration and Customs Enforcement (ICE).

Sunday, November 6, 2011, marks 25 years that the I-9 Form  has been in effect. The Sun Drywall & Stucco case reminds us not to ignore the simple fact that it is imperative to verify that I-9 forms are in compliance with the law, regulations, administrative decisions, and federal court opinions that have been issued over the last 25 years.

As part of his plea, the company president agreed to pay $225,000 in back wages and an additional administrative forfeiture of $225,000 to ICE. The company, through its president, also pleaded guilty to unlawful employment of undocumented workers.

Hardt’s sentence underscores the importance of I-9 compliance and the Department of Homeland Security’s ongoing concerted effort to target employers who hire undocumented workers and to shift the burden of policing undocumented workers onto U.S. employers.

In Janet Napolitano’s testimony before the U.S. House of Representatives Committee on the Judiciary on October 26, 2011, she reconfirmed that DHS will continue “utilizing robust Form I-9 inspections, civil fines and debarment, and enhancing compliance tools like E-Verify” as part of its interior enforcement strategy.

Under the Obama administration, ICE has conducted more I-9 audits than any previous administration. Since FY2009, ICE has audited more than 6,000 employers across the country and imposed more than $76 million in financial sanctions on those employers. In FY2011, ICE arrested 221 employers accused of immigration and employment related violations, which is an agency record.

Every employer must fill out the I-9 form for all employees. If you need an I-9 compliance program, an I-9 audit or an just update on how to complete I-9s, call us, it’s what we do! You can also contact us online at www.goffwilson.com.

Is there a topic you would like to see covered in an upcoming post on the GoffWilson bLAWg? Submit your idea here, or let us know on Facebook or Twitter.