U.S. Employers and Businesses: The Federal government is targeting Visa Holders so make sure your Employee Records and Policies are in order!
The Problem
Immigration & Customs Enforcement (ICE) and other agencies of the U.S. Department of Homeland Security are ramping up targeting U.S. employers they believe hire undocumented workers. ICE calls these actions "worksite enforcement surges." They are serving businesses with notices of inspection and warning that their HR records will be audited.
These surges are also increasingly affecting businesses run by foreign nationals on visas, as well as companies that sponsor foreign nationals for temporary and permanent employment. The Fraud Detection Unit of the U.S. Citizenship and Immigration Services (USCIS) has long targeted U.S. companies that employ H1B professionals. U.S. consulates are also increasingly arranging workplace visits as part of their due diligence when applicants apply for investor and employment-based visas. There is spike in visa application denials and revocation of approved petitions. Now, we expect the Fraud Detection Unit will expand its targeted entities and ramp up audits to try to identify fraud for the following:
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Businesses operated by E-1 traders and E-2 investors.
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Businesses managed by L-1A intracompany executives or managers or that employ L-1B specialized knowledge workers.
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Businesses that employee H-1B professionals.
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Petitioners of extraordinary or distinctive individuals in O-1A and O-1B visa status in the arts, business, and athletics.
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Employers petitioning for foreign workers under Labor Certification (PERM) and other employment-based processes for permanent residence ("green cards").
The Solution
Gonzalez & Hart has partnered with Kimberly A. Gilmour, a Florida specialist in employment law, to assist our clients and their employers prepare for audits and ensure they are in compliance with federal and state employment law, as well as U.S. immigration law.
We will review and correct payroll, hiring practices, I-9, new hire forms, posters, personnel files, benefits, termination, and much more.
We have created a menu of services to give each employer or business the opportunity to have us assess and review their records and policies to determine if there are any “red-flags.” Here is a sample of our services:
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Checklist tailored to visa type with written instructions.
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Checklist and one-hour onsite consultation.
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Follow-up meeting with employers and businesses to address questions, issues, and prior noted deficiencies.
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Consultation for employers and businesses contacted by ICE or the Fraud Detection Unit.
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Emergency availability in case of unannounced workplace visit or raid.
We will also be offering seminars dedicated to businesses and employers who want to know how to protect themselves and make sure they are in compliance with federal, state, and local employment regulations.
Opening your U.S. businesses or hiring international talent takes energy and investment so it's important to be compliant - and ready! Please schedule a consultation.
About Our Employment Law Partner
Kimberly A. Gilmour
Kimberly Gilmour is an employment attorney and mediator with her office located in Davie, Florida specializing in labor law and employment legal issues. She represents all size companies and corporations as well as individuals to provide counsel tailored to meet each client’s specific needs.
Ms. Gilmour provides counsel in areas such as wage and hour issues, exempt versus nonexempt employees, the process of conducting internal investigations/audits and discrimination. Her extensive litigation experience includes cases alleging age, sex, race and disability discrimination, as well as handling numerous administrative matters before Federal and State agencies.
She is listed as a Super Lawyer, and received the the Lynn Futch Professionalism Award from the Broward County Bar Association.
She handles real estate and contract disputes and has an extensive background in drafting and reviewing contracts and agreements.
A graduate of the College of New Rochelle with a Bachelor's of History and Political Science, she received her Juris Doctor degree in 1984 from Nova Southeastern University Shepard Broad College of Law. Ms. Gilmour was admitted to The Florida Bar in 1985 and to the Federal District Court Trial Bar in 1994. Kimberly joined the law firm of Tripp Scott in 1985, becoming the first female partner in 1992. In 2000 she decided to pursue her career goals and open a private practice where she has worked ever since.
Kimberly Gilmour has lived in South Florida for over 30 years and believes in giving back to the community she loves. She frequently attends charity events and volunteers in the community, having a strong passion for philanthropy. She is a past president of the Healthy Mothers-Healthy Babies Coalition of Broward County, Inc. and was honored with the Lefkow Legacy Award for her extensive service in 2017. In 2000 Kimberly was honored as one of American Cancer Society’s Women of the Year.
Professional Accomplishments
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Board of Directors, Broward County Bar Association
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Board Member of the Federal Bar Association, Broward Chapter
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Serves on the United States District Court, Southern District Mediation Committee, 2007-Present
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Serves on the Ad Hoc Committee on Attorney Admissions, Peer Review and Attorney Grievance for the United States District Court, Southern District of Florida
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Past-President of the Federal Bar Association, Broward Chapter
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Past Chair of the Equal Opportunities in the Profession Section of the Florida Bar
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Past-President of the Broward County Women Lawyers Association
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Past Chair of the Employment and Labor Law Committee, Broward County Bar Association
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Past Director of the Association of South Florida Mediators and Arbitrators
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NAWBO “VISTA AWARD”
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