The ThreeBestRated.com selected attorney, Trinidad Galdean, as one of the 3 Best Employment Lawyers in Wichita, Kansas. The site uses its 50-Point Inspection that includes “checking customer reviews, history, complaints, ratings, satisfaction, trust, and cost to the general excellence.” Trinidad was the only individual attorney selected. Trinidad represents businesses, management and individuals in employment and immigration legal matters. While he is licensed in Kansas, Texas, Oklahoma, Iowa, and Nebraska, Trinidad represents clients throughout the U.S.
Galdean Law Firm
With 25 years of legal experience, Trinidad is a frequent speaker on employment and immigration topics to Human Resource associations, Chambers of Commerce, Municipal associations, and other industry associations in various states.
With the Presidential election over and recent Cabinet appointments, changes on immigration policy will likely occur in some fashion. Recent President-Elect’s comments and the appointment of Sen. Jeff Sessions as Attorney General give some indication of stronger immigration enforcement in the near future. So, what does this mean for Employers and how should Employers begin to plan for any change in employment-related immigration policy?
For Employers with workers on employment-based visas, the Human Resource department should audit these visas and related visa expiration dates. This enables an Employer to address changes on any visa renewals or adjustment of visas once the new Administration focuses on immigration issues in the U.S. This also enables Human Resource professionals to plan ahead for any potential changes in the employer’s workforce.
The Post-Election activity also hints that employers should evaluate its immigration compliance procedures. Anticipating an increase of immigration enforcement means the employer should audit its compliance practices on immigration matters. This includes auditing Form I-9s, immigration practices (like E-Verify), and compliance files.
Ultimately, the employer will want to be in the best position to address any changes in employment-based visas and compliance efforts.
While the above provides some issues for employers to consider, an employer with any questions, should contact an experienced immigration-employment attorney.
Years ago, there were Open Houses when a business opened. Today, with websites there are Launch Dates. We are excited to announce the website for our new Employment & Immigration Law Firm at http://galdean.com/. Please share your comments or sign up for periodic Blogs and Newsletters coming soon.
Immigration continues to be a key issue in Presidential elections since at least the Reagan years. This Presidential election has each top Candidate with different policies in this area. The attached link (while somewhat neutral) supplies a good summary on where Clinton and Trump stand on immigration during the election. The positions are laid out around 8:00 into the video. We will have to see how things develop after the election. https://www.yahoo.com/news/the-issues-where-do-trump-and-clinton-stand-on-immigration-205240624.html
For Businesses bring talented foreigners to the US, it is sometimes about timing. Getting the individuals into the U.S. can be important for the individual to begin work and the company to stay competitive. Additionally, quickly being processed at the Port, makes the employee’s travel that much less stressful. Now, an individual can secure their I-94 in advance to crossing at the Port with the online I-94 application payment. A business looking to address business immigration issues should contact an experienced immigration attorney. https://www.cbp.gov/newsroom/national-media-release/cbp-makes-online-i-94-application-payment-available-travelers
Even with the new I-9 Form coming in January 2017, many employers use I-9 Software. The use of I-9 Software should also be compliant. The attached supplies information to address employer’s and HR’s compliance in using Form I-9 Software.
Today, the Department of Homeland Security proposed a Rule directed at International Entrepreneurs. The proposed Rule is to help the U.S. “economy grow by expanding immigration options for foreign entrepreneurs who meet certain criteria for creating jobs, attracting investment and generating revenue in the U.S.” The proposed Rule plans to provide entrepreneurs an initial stay of up to two years to oversee and grow their startup entity in the United States. The next stage of the proposed Rule is to invite public comments over a period of 45 days.
Spanish speaking clients and business owners frequently seek out attorney Trinidad Galdean, due to his experience in immigration issues and his ability to address their needs in Spanish. Trinidad utilizes his Spanish speaking ability to assist clients and employers on visa applications and other immigration related matters. It is important for all clients to understand legal issues in their primary language. The U.S. Citizenship and Immigration Services (“USCIS”) recently started a Spanish blog, USCIS Compás, to inform Spanish speaking individuals regarding immigration issues. The USCIS also created a Facebook page, USCIS Español, to provide additional immigration information in Spanish. While these resources are helpful, individuals and business owners should still consider consulting an experienced immigration attorney when dealing with matters of immigration law.
FMLA Update – Just prior to the Memorial Day, the Department of Labor issued the new FMLA forms. Employers need to update these forms when dealing with leave under the Family and Medical Leave Act. Employers need to be aware of the changes in the forms. A summary of the changes is referenced here.
In an announcement today, the Department of Homeland Security will permit eligibility for employment authorization to H-4 dependent spouses. These eligible H-4 dependent spouses are those married to an H-1b nonimmigrant seeking lawful permanent resident status through their employer.
H-1b visas holders are professionals in a specialty occupation. In working with an employer, the employer may assist the H-1b individual with securing employment based lawful permanent resident status. Currently, during this process, the H-1b holder’s spouse (i.e. H-4 dependent) is generally unable to work. The new rule, however, changes some of these employment issues.
This new eligibility derives from the President’s November 2014 Executive Order on immigration. It is expected this rule will make 179,000 more individuals eligible to apply for employment authorization this year and up to 55,000 more individuals eligible each subsequent year.
Applications to secure employment authorization under this new change will begin to be accepted on May 26, 2015. Both individuals and employers looking to benefit from this change should consult with an experienced employment immigration attorney.