2009 NAFSA CONFERENCE IMMIGRATION COMPLIANCE 301: THE ICE-MAN COMETH
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1 2009 NAFSA CONFERENCE IMMIGRATION COMPLIANCE 301: THE ICE-MAN COMETH
2 Presenters Bob White Attorney Immigration Practice Group Masuda Funai Eifert & Mitchell, Ltd. - Schaumburg, Illinois (847) rwhite@masudafunai.com Shinn Ko Senior Associate Director International Student and Scholar Services University of Pennsylvania (215) kosh@upenn.edu David Muusz Assistant Director for Scholar Services Office of International Affairs University of Chicago (773) dmuusz@uchicago.edu Michael Schmelzle Coordinator International Student and Scholar Services Illinois State University (309) mwschme@ilstu.edu
3 Immigration Compliance Overview 1. Why Be Concerned About Immigration Compliance? 2. Who Should Be Concerned? 3. What Are The Government Agencies Auditing Immigration Programs? 4. What Immigration Programs Are Being Audited? 5. What Is The Possible Exposure?
4 F-1 Compliance Issues 1. Why Should You Be Concerned About SEVIS Compliance? - SEVIS Recertification - Out of Cycle Reviews
5 F-1 Compliance Issues (CONT) 2. F-1 Record Retention Requirements - 8 C.F.R (g)(1) - Identification and address of the student - Academic records - Admissions documentation - Although not required, good to keep Recommended documentation (RCL, extension, etc.) - Effective October 27, 2008, raised the record retention requirement from one year to three years
6 F-1 Compliance Issues (CONT) 3. Responsibilities of PDSO/DSO - Delineation of PDSO/DSO Duties - Who Has Ultimate Responsibility? - PDSO Training - DSO Training - DSO Statement
7 F-1 Compliance Issues (CONT) 4. Handling Government Inquiries - Establish internal protocol on how to handle government inquiries - Establish internal protocol on when to involve an office of general counsel - How to document inquiries
8 F-1 Compliance Issues (CONT) 5. Updating Form I-17 - When to Update - Adding PDSO/DSO - Adding Programs - Adding Campus - Regularly Scheduled Review - Site Visit by SEVP After Updating
9 F-1 Compliance Issues (CONT) 6. Recertification Out of Sight But Not Out of Mind... - Out of Cycle Reviews - Definition of campus - An increase in PDSO responsibilities - Automatic withdrawal for failure to file a complete package No RFE 7. Internal Audits By University Compliance Officer?
10 J-1 Compliance Issues 1. New Regulations & Requirements - No Change in J-1 Categories - Criminal Background Checks - Communication - Control of DS-2019 Forms - Increased Orientation Requirements - Increased Supervision - Insurance Requirements
11 J-1 Compliance Issues (Cont) 2. New Insurance Requirements - Entry to Exit - Different Solutions Depending on Population
12 J-1 Compliance Issues (Cont) 3. Travel/Visa Issues - Background Checks & University Involvement - 212(e) Application Incorrectly - I-515A Inconsistently Applied 4. J-1 Grace Period Issues
13 H-1B Compliance Issues 1. Labor Condition Application (LCA) - Wage Determination - Working Conditions - Strike, Lockout or Work Stoppage - Notice 2. Type of H-1B Employer 3. LCA Public Access File - Contents - Where and When to Retain 4. Public Access File vs Office File
14 H-1B Compliance Issues (Cont) 5. H-1B Internal Procedure - Who is Responsible for Process? - HR, ISS, Outside Counsel, General Counsel, Combination of Some or All? - H-1B Procurement Form from Department - Job posting and job offer letter with acceptance - Supporting documentation from H-1B worker - s and notes
15 H-1B Compliance Issues (Cont) 6. DOL Audit - Audit Triggers - Procedure - Public Access File vs DOL Inspection File - Future of Audits 7. Issues - Outside Counsel - Posting Notices - Who is the Petitioner? - Internal Audits - Future Issues
16 Green Card Compliance Issues 1. Depends on Type of Green Card - Non-PERM Case - PERM Case 2. Who Is Responsible for Process? 3. Who Pays For the Process? 4. Liability Issues 5. Retention Files
17 I-9/E-Verify Compliance Issues 1. Who Should Be Concerned about I-9 Issues? 2. What is Potential Liability? 3. Who Enforces I-9 Program? 4. New World of E-Verify 5. Future of I-9/E-Verify
18 Current Immigration Information Weekly Immigration Updates Are Available At
19 2009 NAFSA CONFERENCE IMMIGRATION COMPLIANCE 301: THE ICE-MAN COMETH
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