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U.S. Citizenship and Immigration Services (USCIS) has recently resumed employer worksite visits that were put on hold because of COVID-19 and social distancing precautions. This may pose challenges for USCIS and your company, as much of the workforce is still working from home or telecommuting from outside the office. That means employees should be prepared if immigration authorities knock on the front door of their residence.
A home visit from USCIS may seem unusual and alarming to employers and employees alike, but this is not a new practice for the agency—in the family-based immigration context, USCIS officers visit individuals at their homes as a matter of course to confirm the information listed on their petition or application.
Now is a great time for companies to assess their administrative site visit policies and ensure that employees who may be visited at home by an immigration officer understand what to do, whom to contact and what questions they may be asked.
Employers are usually given notice of a verification check—in the past by letter, but recently via email—although the agency has the authority to show up at a work location unannounced to speak with employees, such as the HR or company representative and the foreign national employee who are named in an immigration petition. Immigration verifications are performed by the Fraud Detection and National Security (FDNS) unit of USCIS, and any employee receiving an officer at their home or worksite should promptly ask for a photo ID and a business card to confirm the officer is in fact from USCIS. For prescheduled or unannounced visits, the company is allowed (and recommended) to have an immigration attorney present.
Employees should know beforehand whom to call in the event of a site visit. During the visit, the FDNS officer may ask HR and immigration managers about its general business and its H-1B program, such as the number of H-1B employees and whether employees are sponsored for green cards, and ask about the individual H-1B employee, such as his or her job duties, work location and date of hire. Officers may also question the H-1B employee directly about his or her job, tenure at the company, immigration or visa status before obtaining an H-1B visa, education and work experience, and request documentation such as recent pay stubs, driver’s license and employee badge. More recently, we have seen FDNS officers question the employee’s work-from-home address, length of time the employee has been working from home, and other aspects of the employee’s telework. Finally, FDNS officers may ask to contact the employee’s direct manager separately to confirm the employee’s information.
Enforcement against employers who violate immigration rules has been a priority of the agency in recent years and the trend is expected to continue. In 2018, USCIS beefed up its FDNS unit and began hiring new officers and amplifying targeted site visits with the aim of doubling the number of worksite visits to 20,000 per year and increasing that number every year. The agency has also increased its information sharing with other agencies, allowing USCIS to access information contained in filings with the Labor Department, such as the labor condition application that companies must file to sponsor an H-1B worker.
It is important that companies review and update their policies and procedures for responding to a USCIS site visit or verification and that employees who are working at home understand the protocols. Although COVID-19 continues to keep most companies’ offices closed or at limited capacity, the pandemic is not preventing USCIS from restarting its site visit program—even when the “worksite” is an employee’s kitchen table or spare bedroom.
Kelli Duehning is a Partner and Michael Sela is a Senior Associate in the San Francisco office of Berry Appleman & Leiden LLP.
This article was originally published in the California Business Journal.
The information contained here is meant to be informational, and while BAL has made every effort to ensure the accuracy of the information, it is not promised or guaranteed to be complete. Readers of this information should not act upon any information contained on this alert/blog without seeking professional counsel. This alert does not constitute legal advice or create an attorney-client relationship. Any reference to prior results, does not imply or guarantee similar future outcomes.
Dallas, Nov. 6, 2020 – U.S. News & World Report and Best Lawyers® have once again put their prestigious stamp on Berry Appleman & Leiden, LLP (BAL) as a top National Immigration Law Firm on their annual “Best Law Firms” list.
BAL earned the highest “Tier 1” recognition in the 2021 national rankings in immigration law and in three regional rankings for Houston, San Francisco and Oakland. The firm also expanded its recognition to additional regional rankings in the northeast and central regions, including BAL’s offices in Boston, Dallas, New York and Washington, D.C.
“We’re proud to be among the elite who are recognized in the top tier of the Best Law Firms– the best of the best in the field of immigration law,” says BAL Partner Rob Caballero.
The pioneering law firm continues to grow and innovate despite the huge challenges presented by COVID-19. This year, BAL swept several #1 legal rankings, won highly prized tech awards, expanded its Texas footprint, opened a new office in Chicago and is poised to grow its Silicon Valley presence. Earlier this year, 13 BAL attorneys earned “Best Lawyers in America” rankings and five up-and-coming BAL attorneys earned bragging rights as “Ones to Watch” by Best Lawyers.
“This has been an incredible year for our firm, and we are not just surviving but thriving in the face of challenges,” says Managing Partner Jeremy Fudge. “We live by our motto, ‘Pursue the Exceptional,’ and we are never satisfied. We have more to accomplish and more work to do as attorneys, as human beings and as a law firm to make a positive difference in people’s lives and in the world.”
About Berry Appleman & Leiden LLP
BAL is one of the world’s most recognized corporate immigration law firms and the Best Lawyers® “Law Firm of the Year” in U.S. Immigration Law (2019), the Most Diverse Law Firm in America (2020), the Best Law Firm for Women by the National Law Journal (2019 and 2020) and the #1 Law Firm for Female Attorneys in its category by Law360 (2019 and 2020).
BAL’s Cobalt® digital immigration services platform earned a 2020 CIO 100 Award, won the 2020 CODiE Award for Best Legal Tech Product, and placed as a 2020 Tech Titans Award finalist. The firm is singularly focused on meeting the immigration challenges of corporate clients around the world in ways that make immigration more strategic and enable clients to be more successful. Established in 1980, the firm provides immigration expertise, top-notch information security and leading technology innovation. The firm entered into a strategic alliance with Deloitte UK to create the world’s first global immigration service delivery model. BAL and its leaders are highly ranked in every major legal publication, including Best Lawyers, Chambers, The Legal 500, and Who’s Who Legal. For more information, please visit: https://www.bal.com/.
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The U.S. immigration system is at a critical crossroads, and the upcoming election will decide which path it takes into the foreseeable future.
In the last four years, the Trump administration has dramatically reshaped business immigration by introducing executive actions and changes at the administrative level that have curtailed virtually every route for high-skilled foreign workers. The COVID-19 pandemic has compounded the restrictions and ground travel to a halt, with new travel bans and consulate closures that have further slowed visa and immigration processing, with demand further diminished by the COVID economic slowdown.
What should U.S. companies expect in the next four years? What additional changes would a second Trump term bring? What has Joe Biden promised in his immigration agenda? How do the candidates differ on the issues of high-skilled immigration, work visas and green cards, and how can companies plan for these changes? How will the ongoing COVID-19 emergency disrupt or inform the next president’s immigration agenda?
Fill out the below form to receive your copy of the White Paper:
Leading immigration law firm elevates client experience with comprehensive, multi-media immigration knowledge platform for HR professionals and foreign nationals
DALLAS – Once again transforming legal technology, Berry Appleman & Leiden LLP (BAL) has created the industry’s first multi-media platform, Advisor, dedicated to helping companies adapt to rapidly changing immigration rules.
With real-time analysis from former government officials and industry experts, Advisor helps companies understand changes in immigration law and navigate complex regulatory and compliance issues. Additionally, Advisor provides industry benchmarking, litigation updates, and resources on compliance obligations.
“There have been over 400 changes in U.S. immigration policy in less than four years,” explains BAL Partner Lynden Melmed. “That will not slow down irrespective of who is president next year. Throw in litigation and increased government enforcement, and it can overwhelm any in-house program. We are thrilled to offer the industry’s first digital platform to help our clients scale and meet those challenges.”
Advisor is an extension of BAL’s award-winning proprietary Cobalt® immigration case-management system and is continuously updated through input from BAL’s 1,200 immigration and knowledge management experts. Available anytime, anywhere, on desktop, tablet or mobile phone, Advisor includes predictive-search, and an intuitive platform for hundreds of easy-to-understand articles, explainer videos and webinars.
“Foreign workers are understandably anxious, and every time the government changes the rules it creates new stresses for them and on in-house immigration programs,” says BAL attorney Steve Plastrik, who helped create Advisor and previously worked for U.S. Citizenship and Immigration Services, “Advisor will allow in-house immigration professionals and policy teams to better meet the needs of their leadership teams, business stakeholders, and of course the employees going through the immigration system.”
“Advisor allows us to place our expert immigration knowledge directly in the hands of mobility professionals and the employees they support,” says Katie Stone, Director of BAL’s Knowledge Management team. Diem Ngo, Senior Manager of Knowledge adds, “We’re delighted to be able to deliver our best-in-class knowledge library via an ‘on demand’ platform.”
To receive more information about Advisor, please contact: BALgov@bal.com
About Berry Appleman & Leiden LLP BAL, one of the world’s most recognized corporate immigration law firms, is the Best Lawyers® “Law Firm of the Year” in U.S. Immigration Law for 2019, the Most Diverse Law Firm in America (2020) and the National Law Journal’s Best Law Firm for Women (2019 and 2020) and #1 in its class for the Best Law Firm for Female Attorneys on Law360’s Glass Ceiling Report (2019 and 2020). BAL’s Cobalt® digital immigration services platform won the 2020 CODiE Award for Best Legal Tech Product. The firm is singularly focused on meeting the immigration challenges of corporate clients around the world in ways that make immigration more strategic and enable clients to be more successful. Established in 1980, the firm provides immigration expertise, top-notch information security and leading technology innovation. The firm entered into a strategic alliance with Deloitte UK to create the world’s first global immigration service delivery model. BAL and its leaders are highly ranked in every major legal publication, including Best Lawyers, Chambers, The Legal 500, and Who’s Who Legal.
Media Contact: Emily Albrecht Senior Director — Marketing & Communications ealbrecht@bal.com 469-559-0174
DALLAS – Oct. 26, 2020 – Berry Appleman and Leiden LLP (BAL), one of the world’s leading corporate immigration law firms, is a Tech Titans Award finalist.
Representing the best products, technologies, and services in software, information and business technology in North Texas, Tech Titans recognizes BAL for its proprietary Cobalt® platform as a unique and breakthrough technology in corporate innovation. BAL competed against more than 160 award nominees.
“It is an honor to be recognized as a 2020 TechTitans Award finalist,” said BAL’s Head of Products, Chanille Juneau. “BAL is proud of our technological achievements and our commitment to innovate and create new tools to continually improve our clients’ experience. This recognition is a credit to the relationships we have built with our clients and the hard work our people do every single day.”
BAL’s Cobalt® digital immigration services platform has earned numerous accolades in the legal and tech spaces, including the 2020 CIO 100 Award and the 2020 CODiE Award for Best Legal Tech Product. Cobalt is BAL’s proprietary, second-to-none immigration case management system, providing real-time visibility into clients’ immigration programs in a single platform that enables centralized program management to power companies’ business initiatives. Cobalt offers features such as the industry’s first mobile app, allowing employees to monitor their cases anywhere, anytime. With advanced application of computer vision, employees can upload documents, check case status, view milestones, and send secure messages from their phones. A leader in legal technology, BAL is ahead of its peers in enhancing the client experience through intelligent automation and computer vision technologies.
“BAL is developing truly groundbreaking technology that is transforming and challenging the traditional legal services delivery model,” explains BAL’s CIO, Vince DiMascio. “BAL is taking the leading role in pushing the boundaries of innovation while never losing sight of our mission to make a positive difference in people’s lives.”
BAL is one of the world’s most recognized corporate immigration law firms and the Best Lawyers® “Law Firm of the Year” in U.S. Immigration Law (2019), the Most Diverse Law Firm in America (2020) and the Best Law Firm for Women by the National Law Journal (2019 and 2020) and the #1 Law Firm for Female Attorneys in its category by Law360 (2019 and 2020). BAL’s Cobalt® digital immigration services platform earned a 2020 CIO 100 Award and won the 2020 CODiE Award for Best Legal Tech Product.The firm is singularly focused on meeting the immigration challenges of corporate clients around the world in ways that make immigration more strategic and enable clients to be more successful. Established in 1980, the firm provides immigration expertise, top-notch information security and leading technology innovation. The firm entered into a strategic alliance with Deloitte UK to create the world’s first global immigration service delivery model. BAL and its leaders are highly ranked in every major legal publication, including Best Lawyers, Chambers, The Legal 500, and Who’s Who Legal. For more information, please visit: www.bal.com.
About Tech Titans
Tech Titans is the largest technology trade association in Texas, representing a quarter million employees through its 300 member companies. Tech Titans includes a diverse group of technology leaders from start-ups to Fortune 500 companies who collaborate to help innovation thrive in the region. As part of its goals, Tech Titans is active in:
For information, please visit www.techtitans.org.
Dallas, Oct. 19, 2020 – Berry Appleman & Leiden LLP (BAL) is once again the #1 Best Law Firm for Female Attorneys on Law360’s Glass Ceiling Report.
The influential annual ranking puts BAL at the top of all law firms of similar size in the country, leading its peers with 60.6% female attorneys and 42.9% female equity partners.
“We are proud not only to be #1 this year, but that year after year we have been among the best law firms for women,” said Frieda Garcia, a BAL Partner. “We are leaders in gender equity and cultivating the next generation of women in the legal field.”
Last year, BAL landed the #1 spot in its category as the Best Firm for Female Attorneys and was recognized as a Ceiling Smasher in 2018 for its percentage of female equity partners.
The 2020 report found that overall, the legal industry continues to lag behind other industries in hiring and promoting female attorneys. The report calls the progress of women in the law “at best, minimal,” with female representation shrinking at the partner and equity partner levels.
Bucking this trend, BAL is a leader even in non-scored categories, with 28.5% female minority partners, 60.2% female non-partners, 50% female executive committee representation, and 100% female total promotions. With such incredible dynamism, it’s no wonder BAL continues to win #1 awards for gender, diversity and inclusion by multiple prestigious national legal rankings. BAL is The American Lawyer’s Most Diverse Law Firm in the country and the #1 Law Firm for Women on the National Law Journal’s Women in the Law Scorecard for two years running. For three consecutive years, Law360 has named BAL one of the nation’s Best US Law Firms for Women and Minority Attorneys in its annual Diversity Snapshot.
“It is not by accident that we consistently land at the top of the rankings for female representation,” said BAL Partner Carla Tarazi. “Women at BAL are supported with the tools they need to grow and thrive, and with women representing nearly half of our owners, we are decision-makers and leaders at the highest levels of the firm.”
“We aren’t just checking off boxes,” says BAL Managing Partner Jeremy Fudge. “Our firm culture is one of inclusion and empowerment, and it is why we have been so consistent in attracting and retaining female legal talent and so successful in our mission to make a positive difference in people’s lives.”
BAL is one of the world’s most recognized corporate immigration law firms and the Best Lawyers® “Law Firm of the Year” in U.S. Immigration Law (2019), the Most Diverse Law Firm in America (2020) and the Best Law Firm for Women by the National Law Journal (2019 and 2020) and the #1 Law Firm for Female Attorneys in its category by Law360 (2019 and 2020). BAL’s Cobalt® digital immigration services platform earned a 2020 CIO 100 Award and won the 2020 CODiE Award for Best Legal Tech Product. The firm is singularly focused on meeting the immigration challenges of corporate clients around the world in ways that make immigration more strategic and enable clients to be more successful. Established in 1980, the firm provides immigration expertise, top-notch information security and leading technology innovation. The firm entered into a strategic alliance with Deloitte UK to create the world’s first global immigration service delivery model. BAL and its leaders are highly ranked in every major legal publication, including Best Lawyers, Chambers, The Legal 500, and Who’s Who Legal. See website for details: www.bal.com
The government recently announced rapid progression of green card queues beginning Oct. 1, when the fiscal year began and quotas reset on green cards, allowing thousands more employment-based immigrants to be eligible to file their green card applications this month.
While this is great news for employees who have languished in the green card backlog for years, employers and employees should prepare for anticipated delays in processing that may complicate the green card path during the wait.
The COVID-19 situation has created some unexpected trends in the green card process in recent months. Since May, the State Department’s Visa Bulletin has shown rapid advancement of the queues for many employment-based categories, in part because so few visas are being issued due to U.S. consulate closures and multiple travel bans. With unused visas carrying over to the new fiscal year, advancements in October are even larger for purposes of green card filing eligibility. For example, Indian nationals in the employment-based third preference category, who typically wait a decade or more for a green card, saw their filing eligibility dates advance by five years. This tremendous progression in green card availability gives hope to many applicants who began the process years ago.
But will hopes for a quick result be dashed by processing delays? The flip side to the green card windfall is that lagging USCIS processing times have created additional challenges and risks, as the agency struggles with budget issues. Although USCIS scrapped plans to furlough 13,000 employees, it specifically warned of longer green card adjudication times. Adjudication delays can carry serious consequences for employers and employees, who must maintain their immigration status during the wait.
Even after an approval, successful applicants would normally receive their physical green card within a few months. But in July, the USCIS Ombudsman’s office announced that the agency faces reduced capacity to print green cards. Despite litigation, significant concerns remain that delays in green card issuance will prevent those who have finally achieved lawful permanent resident status from demonstrating proof of this approval, potentially inhibiting their ability to work or travel internationally.
In addition to the personal toll on employees, processing delays create uncertainty and the risk that their work authorization may lapse. Many green card applicants who hold a valid work visa may be ineligible to file for extensions in certain nonimmigrant categories like TN or E, or they may have reached maximum time limits. These employees may face heightened scrutiny and higher likelihood of denial for filing repeated extensions in common work-visa categories. There is also the risk that during lengthy delays, priority dates may retrogress again, requiring that the employee wait even longer for a visa to be available before USCIS adjudicates the case. Moreover, until they get their green cards, many temporary work-visa holders remain subject to the various travel bans and are effectively unable to travel internationally.
This unique time is a reminder to employees and their employers that maintaining valid immigration status, rather than relying on the quick issuance of a green card, is a critical compliance measure. While green card applicants should be encouraged by the Visa Bulletin progression since the COVID crisis began, employers and employees should be aware that obtaining the approval has become an additional hurdle, and they should explore options and strategies for extending employment authorization if their green card is delayed.
John Hamill is a Senior Associate in the New York office of Berry Appleman & Leiden LLP.