Strategies to Consider if Sponsored by a Company in Trouble
Posted Jan 27, 2006
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There have been recent news reports of arrests involving top-level employees in various companies for fraud and other corporate misconduct. This type of alleged criminal involvement can impact those persons undergoing the immigration process. Some of these companies have been directly tied to allegations of misdoing in the immigration context; others are involved in or alleged to be involved in other types of misdeeds. The consequences to the individual from an immigration point of view can be very serious and take different forms.
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Denials or Revocations Possible
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The range of the types of problems that can arise after a federal investigation are too numerous to describe in detail. MurthyDotCom and MurthyBulletin readers should be aware that, in many situations, if the company is alleged to be involved with immigration fraud, all or most cases pending through that company are likely to be denied. Approved petitions might be issued Notices of Intent to Revoke or Rescind the approvals issued earlier. Persons whose futures thus far have depended upon these cases should consult with an immigration attorney quickly to attempt construction of an alternative plan. Even those whose cases were genuine (or who believed them to be genuine) can get caught up in the problem. Rather than waiting for the bad news it is going to be necessary, in many such cases, to find a new job and start the process all over again. The ability to obtain the needed status extensions often depends upon acting quickly, particularly for individuals nearing the end of their H1B periods, or who are already in their 7^th-year extensions or beyond.
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For employees of companies that are generally in trouble for reasons not connected to immigration, it may be necessary to leave and find another job. This may have to occur quickly for status purposes. Advice from an immigration attorney is needed in order to consider whether there is any other long-term, comprehensive strategy or option available to the person/s affected.
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Permanent Residents are Not off the Hook Either!
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Even people with approved permanent resident status (green cards) can be affected. If the green card was approved through a questionable company, and the beneficiary is still working there, it may be time to leave. This departure, and any allegations against the company that are proven to be true, can create problems when the applicant tries to naturalize (or sooner if the individual becomes part of the investigation). It is best to obtain as much documentation of the genuine nature of the particular case as possible, and the valid reason for terminating such employment. No one is expected to continue to work for a company that is clearly in trouble, but copies of news reports of problems should be retained in case they are needed. Other proof that the case was genuine, such as pay stubs, W-2s, schedules, eMails from the company, and other evidence of employment should be retained.
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What Can You Do to Protect Yourself?
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Anyone who is entangled in this type of situation with an immigration sponsor should retain all documentation that reflects innocence and/or lack of awareness of any (alleged) fraud in the case. It may be necessary to show that one is a victim, not a perpetrator. Any person who is found to have committed fraud to obtain an immigration benefit is subject to removal (previously known as deportation) from the United States and a permanent bar to reentry. Such documentation, therefore, is essential.
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Conclusion
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"Look before you leap" is the old adage and it works well when seeking a good company to work for and to sponsor one's immigration to the U.S.! We reiterate our advice at the Murthy Law Firm, given to those with labor substitution cases: "It is necessary to try to determine the reputation of one's sponsor." Of course, even previously reputable U.S. companies have had scandals. But many of these are not connected to immigration. When a company is offering immigration sponsorship for sale, however, and seems to be abusing the immigration system, red flags should go up and that employer should be avoided.