When highly technical skills are found in undocumented individuals, legal gymnastics of olympic proportions are needed to allow businesses to use those workers. The need for skilled workers in specialized fields is great. Many times, these positions are best filled by people from other countries. When this happens, it is not uncommon for the business that employed the worker to face investigation by the US Citizen and Immigration Services (USCIS). The role of the USCIS in this regard is to ensure small businesses properly follow the guidelines in place to employ specialized workers. However, recent developments show the USCIS has placed its focus on uncovering instances of fraud.
A recent lawsuit sought the release of documents used by the USCIS in making claims of fraud against small businesses that employ workers from outside the US. The lawsuit alleged:
- USCIS targets small businesses participating in a special visa program allowing use of skilled workers
- These businesses were targeted due to their size, emergence in the industry and factors that include revenue of less than $10 million annually and a business presence of less than 10 years
The current administration must review these policies if they wish to put clear rules in place. The benefit of having clear policies in place for issues such as immigration is immeasurable in terms of the positive impact a growing business has on the economy. Because the economy is always at the forefront of most all political activity, expect to see an overhaul of how use of workers in specialized fields is addressed by Congress.
At The Shulman Law Group, LLC, we understand the importance of assisting small business owners seeking to employ undocumented individuals. Our firm assists both the intending immigrant and the business owner to effectively navigate the immigration process. We are keenly aware of the impact investigation from governmental agencies can have on your business and we are poised to protect you and your staff from unnecessary raids or audits. We counsel our clients on a broad range of business immigration matters, including H-1B specialty occupation matters, treaty investor visas, intra-company transferee status, and other types of nonimmigrant and permanent residency strategies.