Written By: 
David H. Nachman, Esq., Ludka Zimovcak, Esq., Snehal Batra, Esq.
and Samantha Oberstein, Esq.
Nachman, Phulwani, Zimovcak (NPZ) Law Group, P.C.

Introduction:

The unfolding strike by the United Auto Workers (UAW) against the Detroit Three automakers has sparked a series of concerns among manufacturers and various entities within the automotive supply chain. Initiating on September 15, 2023, the strike has driven companies to examine loss mitigation strategies like furloughs, pay cuts, altered schedules, and layoffs. Nonetheless, employers utilizing foreign workers are met with an intricate scenario – ensuring adherence to federal immigration regulations during these tumultuous times.

Deciphering the Ancillary Effects:

While jobs under the UAW labor contracts typically don't involve visa sponsorship, the far-reaching implications of the strike bring forth compliance challenges for vendors and other affected employers. A significant modification in a foreign national’s employment terms can imperil the legitimacy of their legal status and work authorization, exposing the employer to possible immigration infringements.

The Ban on Forced Benching:

Rigorous federal immigration regulations stringently outlaw the compulsory sidelining of employees holding H-1B, H-1B1, or E-3 work visas. Firms face repercussions for relegating H-1B workers to a non-productive, unpaid status, colloquially termed "on the bench." This necessitates that organizations uphold regular salary disbursements or grapple with the potential cessation of H-1B employment agreements.

Navigating Wage Adjustments and Shift Alterations:

The law mandates that employers remunerate H-1B employees the greater of the actual or the prevailing wage, as stipulated by the Department of Labor (DOL). Any variance, particularly in the form of salary deductions or schedule modifications amounting to a pay reduction, places the employer in a delicate situation, necessitating compliance amendments and notifications to the DOL and U.S. Citizenship and Immigration Services (USCIS).

Addressing Varied Work Visas:

Diverse regulations are applicable to other employer-sponsored work visas like E-1, E-2, L-1, O-1, and TN. Employers have the discretion to incorporate holders of these visas in mitigation strategies, albeit the eligibility for unemployment benefits during furlough is subject to state laws and individual circumstances, adding a layer of complexity.

Navigating Prolonged Strike Implications:

In the scenario of an enduring strike, employers may be compelled to adopt more definitive measures such as extensive layoffs or workforce downsizing. These measures could potentially disrupt the path of foreign workers towards attaining permanent residency and might culminate in the loss of key resources vital for propelling the business forward.

Conclusion:

The UAW strike has accentuated the challenges manufacturing and other employers face in adhering to immigration compliance. Striking a balance between loss mitigation strategies and federal guidelines necessitates meticulous consideration and adept navigation to circumvent potential infringements and retain invaluable foreign workers. In these uncertain times, staying informed and vigilant is paramount for employers aiming to safeguard their responsibilities and shield their workforce.

If you or your family members have any questions about how immigration and nationality laws in the United States may affect you, or if you want to access additional information about immigration and nationality laws in the United States or Canada, please don't hesitate to contact the immigration and nationality lawyers at NPZ Law Group. You can reach us by emailing [email protected] or by calling us at 201-670-0006 extension 104. We also invite you to visit our website at www.visaserve.com for more information.
 
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Written By: 
David H. Nachman, Esq., Ludka Zimovcak, Esq., Snehal Batra, Esq.
and Samantha Oberstein, Esq.
Nachman, Phulwani, Zimovcak (NPZ) Law Group, P.C.

Introduction 

Learn everything you need to know about internal audits for Form I-9. From what to do if you've used the wrong form, to dealing with E-Verify, this ultimate guide answers all your questions. 

What to Do if the Wrong Version of Form I-9 is Completed 
 
If you realize that an outdated form was used, don't fret. Staple the old form to a blank new one and explain the reason. The key is good faith and timely correction. 
 
How to Audit Section 2 of Form I-9 
 
Verify the documents presented under the rules effective at the time of hire. An old but once valid document can still meet compliance standards. 
 
Handling Incomplete or Missing Forms 
 
Don't backdate; instead, fill out the current form and append it with a dated explanation. 
 
Revising Inadequate Forms for Current Employees 
 
Yes, you can update them. Just staple the updated form to the original, with an explanation. 
 
What if Form I-9 Documents Look Suspicious? 
 
Handle this delicately. The employee should have the opportunity to present alternative documentation. Discrimination or retaliation is not an option. 
 
Can Employers Ask for Specific Documents in an Audit? 
 
No, let the employee choose from the list of acceptable documents for the I-9. 
 
Managing E-Verify Non-Compliance 
 
Failure to use E-Verify when required demands immediate action. Consult the U.S. Citizenship and Immigration Services for advice. 
 
Mistaken Employee Termination Due to Tentative Nonconfirmation in E-Verify 
 
You should consider corrective actions like offering re-employment. Failure to do so may violate the INA. 
 
Should You Replace All Existing Employees' Forms I-9? 
 
Be cautious, as this could raise discrimination concerns. If you must, don’t backdate the new forms. 
 
Employee Admits Being Previously Unauthorized 

The law does not require termination if the employee is now authorized. 
 
Timeframe for Employees to Present Alternative Documents 
 
There's no hard and fast rule. However, reasonable time should be allowed based on various factors. 
 
What if an Employee Fails to Present Documents in Time? 
 
Examine the reason and document your decision. Discrimination is not allowed. 
 
Is a Third-Party Auditor a Good Idea? 
 
Yes, but remember, you're still liable for their actions. 
 
Should You Trust Tips About an Employee's Work Authorization? 
 
Be cautious and do not act solely based on anonymous or unreliable tips. 
 
Can You Use the Social Security Number Verification Service (SSNVS) During an Internal Audit? 
 
No, it's not intended for this purpose. 
 
Conclusion 
 
Conducting an internal audit of Form I-9s can be a complex process but knowing how to navigate it can save you from legal trouble. Keep this guide handy as you work through your internal audit. 

If you or your family members have any questions about how immigration and nationality laws in the United States may affect you, or if you want to access additional information about immigration and nationality laws in the United States or Canada, please don't hesitate to contact the immigration and nationality lawyers at NPZ Law Group. You can reach us by emailing [email protected] or by calling us at 201-670-0006 extension 104. We also invite you to visit our website at www.visaserve.com for more information.

8 Reasons it is Important to Consult an Environmental Scientist About Your Land Development Project. 

Written By: LAN Associates

Land use professionals are environmental scientists and engineers who play a vital role in the property development and construction process. Their expertise includes a comprehensive understanding of the intricate regulatory landscape governing land development and construction. They are well-versed in zoning ordinances, building codes, environmental regulations, and community planning considerations.

Before architects and engineers can design a construction project, land use professionals are sometimes needed to help them understand the laws governing the parcel of land selected and the potential risks associated with building on it. In densely populated areas such as New York and New Jersey, ensuring a seamless journey from concept to completion is paramount. Below are eight ways in which a land use professional can help ensure your land development project proceeds smoothly.   
   
8 Ways Land Use Professionals Help the Land Development Process

1) Land Use Professionals Help Navigate Regulations
Land development is subject to a myriad of regulations that can vary greatly from state to state and town to town. A land use professional is a local expert who understands these regulations and uses their expertise to ensure your project aligns with current environmental regulations which can include flood hazard areas, riparian zones, wetlands, transition areas, planning areas such as the Highlands, Pinelands, Canal Zones as well as Coastal Zones and Waterfront Development.

2) They Help Maximize Your Site’s Potential
Engaging a land use professional can help you maximize the potential of your building site. As scientists and engineers, they have the ability to analyze the possibilities and limitations of your parcel of land. Their insight is important to understanding how to best utilize the land’s unique features while mitigating challenges and ensuring optimal space usage. Oftentimes sites that appear to be developable are overwrought with regulations. Wetlands are not always wet; flood hazard areas are not noticeable, and planning areas are held to strict rules. Plus, the rules are constantly changing with new information and political shifts. For example, the FEMA Flood Maps have not mapped all watercourses in New Jersey and the wetland maps are assumed wetland areas. A land use professional’s job is to cross-examine existing conditions with all relevant regulations. 

3) Land Use Professionals Improve Project Efficiency
To be efficient in gaining project approvals, developers should consult with a land use professional who can help with everything from obtaining permits to coordinating with governmental bodies. Their knowledge of local protocols can expedite approvals, reducing delays and minimizing problems that can bottleneck project progress. Eventually, your project will go before a planning board and your land use team can make sure you are prepared.

4) Having an Environmental Scientist on Your Team Helps Build Community Support
Building community support is often vital to the success of development projects and land use professionals can act as a key resource for your development team’s community liaison. Their experience can be helpful in addressing concerns that local stakeholders have about your project’s impact on the local environment. 

5) Land Use Professionals Ensure Environmental Compliance
Land use scientists and engineers are vital to ensuring environmental compliance when building in areas with stringent environmental regulations. Land use professionals can help your project team navigate things like environmental impact assessments, wetlands protection, and sustainability guidelines. This is important not only to ensure that your project meets legal requirements but also that you are building in an environmentally conscious manner.

6) Land Use Professionals Help Mitigate Risks
By anticipating potential challenges and developing contingency plans, land use professionals can mitigate risks that could otherwise disrupt project timelines and budgets. Land use professionals balance protecting natural resources while integrating the needs of development. Land use professionals are knowledgeable about future changes in regulations. Since development can take years to complete, knowing changes that are likely to take effect can prevent unnecessary delays. Projects that are not in compliance with regulatory requirements can run into violations that can delay a project until compliance is met or suffer severe fines.

7) Cost Savings
​Engaging a land use professional early in the process is good for project efficiency, which can save on costs. Their expertise can help you avoid rework and costly changes mid-project. Oftentimes, a project is designed and brought to the local planning board, which then requires official documentation that the site is not in a wetland or flood hazard area. Official documentation from environmental agencies can take anywhere from around four months or longer to obtain, depending upon the difficulty of the project. Understanding the regulated areas early in the project allows engineers and architects to design accordingly, avoiding compliance requirements altogether.

8) Resiliency and Sustainability
A well-planned project that aligns with land use regulations is more likely to stand the test of time. Land use professionals can help ensure your project is built not only to withstand the resilience needed for today but also to withstand the expected impacts of climate change.  For example, weather patterns related to rainfall are changing and the areas that are considered at risk for flooding are changing as a result. Rules and regulations will start to reflect this fact as well. For example, in 2023, The New Jersey Department of Environmental Protection (NJDEP) made regulatory updates to the Flood Hazard Area Control Act Rules and Stormwater Management Rules. The updates make the regulations related to what areas are considered at risk of flooding significantly more stringent as a response to growing challenges presented by climate change and the need for resiliency.

What Should I Do if I Need a Land Use Professional?

​A land use professional is an essential partner necessary to ensure the successful execution of your construction project. Whether you are building a new school, renovating a municipal building, or designing a new athletic facility, it’s important to start your project off with a proper understanding of the land you are working with. LAN Associates has a dedicated team of land use professionals who can help you determine what you need to know about a parcel of land to begin your project’s development.    

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