The Immigration Law Office of David E.Yurkofsky

Since 1993, our firm has provided critical guidance to ensure that our clients are in full compliance with diverse immigration-related regulations and to insure the smooth flow of new employees from around the globe to US office locations. Given todays' volatile economic environment it is crucial that an assessment be made as to the immigration impact on a corporate reorganization; we have advised and continue to advise HR and corporate counsel how best to insure the continuing viability of foreign employees visa status. In general, when transferring employees there may be a few visa options available and we will advise HR as to the best options after carefully weighing the short and long term needs of the business.

Incorporating New Businesses- Our firm also advises our clients that are opening new offices in the U.S. or starting new businesss in the US as to which entity will fit their needs, whether a C-Corp, LLC, or Subchapter S and the immigration implications therein. Note that in many instances foreign nationals seeking status as O-1's, L-1A's, E-2's E-1's (and in some instances E-3) can incorporate their own companies and get visa sponsorship by the brand new entity that they created and own.

We will help your corporation comply with all new and existing immigration requirements.

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Our associates will provide training for HR and conduct internal audits to develop a set of “best practices” to ensure compliance. In this way, if there does come a time when an an actual government investigation /audit occurs, your firm will be ready to prove that all employees are legally eligible to work in the United States and will therefore not have to be concerned with civil or even criminal penalties.

The Obama administration has recently announced (April 20th, 2009) that ICE (Immigration Customs and Enforcement) is going to place more emphasis on civil fines and criminal procesecution of the Employers who hire unauthorized workers. These recent developments have created a need for U.S. employers to be much more compliance conscious than ever before.

Employers are increasingly subject to greater scrutiny of their compliance with work authorization laws. Employers with unauthorized workers face not only the possibility of civil penalties including fines and bars to employing foreign nationals in the future, but also criminal prosecution and the risk of a public relations blunder.

U. S. employers have for many years been required to verify all new employees’ eligibility to work by examining identity and employment authorization documents, and attesting to the verification on Form I-9. In recent years, federal and state laws have broadened the requirement to participate in E-Verify – a computerized employment eligibility verification program. A host of other obligations related to eligibility verification have also been imposed on employers. At the same time, verifying employees’ eligibility to work can expose employers to discrimination charges.