Immigration Compliance in a Hybrid/Remote Work Environment
Remote work and flexible work arrangements are here to stay. These new working arrangements create additional considerations for compliance with immigration rules. This presentation will help immigration and mobility professionals remain vigilant of the compliance hurdles, including government enforcement actions, presented by key visa programs, which are often designed around 'local' labor market wages and U.S. worker availability. Discussion topics will include the following: H-1B wage obligations resulting from remote and/or flexible work-from-home arrangements; PERM compliance where work location may change over course of U.S. Residency sponsorship; I-9 obligations for employers with workers hired during temporary pandemic rules; and Status and impact of new regulation providing flexibility for I-9 onboarding processes.
Learning Objectives:
- Evaluate immigration sponsorship compliance obligations and opportunities, including ways in which HR can help create a culture of compliance within the organization.
- Assess the consequences of work location changes, including remote work options, on employees sponsored for U.S. Residency and in particular how such changes may impact the validity of the labor market test that is required to support such applications.
- Understand DOL wage obligations for sponsored employees who are permitted to work remotely some or all of the time, including what Wage and Hour investigators review when they conduct H-1B and related audits.
- Identify strategies for timely completion of Forms I-9 given the increasing prevalence of remote hires and diffuse workforces, interim policies in effect for remote workers, and new DHS regulations proposing continued flexibility for employers engaging in remote hiring.
In-person session offerings are on a first-come, first-served basis.
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Andrew Greenfield
Andrew Greenfield is an immigration attorney with over 25 years of experience advising HR and global mobility professionals on U.S. immigration and nationality law and policy and related corporate compliance programs. He counsels clients across industries on visa and work permit matters and the immigration consequences of mergers and acquisitions and other corporate reorganizations, as well as I-9/E-Verify, H-1B/LCA and PERM compliance, and representation during government audits and investigations. Andrew is the managing partner of Fragomen’s Washington, DC, office and a member of the firm’s executive committee, which directs and manages the firm’s 50+ offices in over 30 countries.
Priscilla Muhlenkamp
Priscilla is a Partner with Fragomen’s Washington DC office where she has been practicing since 1998. She advises companies on employment-related immigration issues, focusing on strategic immigration planning and regulatory compliance and has extensive experience representing clients in a wide variety of industries with complex matters across all major employment-based temporary and permanent visa categories. She regularly assists clients with internal audits (LCA and I-9) and government investigation, and counsels clients on navigating the immigration consequences of corporate restructurings. She is listed in Best Lawyers in America.