I need a legal research paper for my business law class. It needs to involve major aspects of immigration law within business law and include examples of a case or two for support. Included is my outline, it does not need to be followed exactly as is but just information I have found on the subject.
Business Law
Outline- Immigration Law within Business Law
When people think of business law most think of law that applies to big business or corporations, and while that is true, there are many different aspects of business law that applies to businesses of all sizes. Business law becomes essential right at the beginning, forming partnership agreements, operating agreements, reviewing of customer contracts, and possible mergers or hiring of new employees are just a few phases that arise with new business owners. One area of business law that is often over looked is immigration law. Most people would associate immigration law with family or applying to individual persons, but it applies to businesses as well. Weather a company is trying to hire foreign nationals, or someone has a business in another country and would like to establish a subsidiary in the United States, or they would like to establish a business here in the United States outright, these are just a few facets of immigration law that is applicable to business law.
Employee Visa
• H-1B visa explanation
• Termination of employee with H-1B visa
• Leave of absence of employee with H-1B visa
• Salary/ Benefits of employee with H-1B visa
• Consequences of employee not renewing visa
• How it applies to small business vs. big business
Business law with I-9 compliance
• How this compliance is applicable with every business in United States
• Failure to comply results in fines, possibly in excess of thousands.
• I-9 compliance in big business vs. small business
Use of E-Verify in hiring process
• Explanation of the E-Verify process
• New Government process that may become mandatory to hire validated/authorized workers
• Businesses that would benefit from implementation of E-Verify (Construction, Landscaping, Hospitality) vs. Businesses that would not benefit
EB-5 Program
• What the EB-5 program is used for (foreign investors)
• How the program gets used in different areas in the United States (must be 1 million dollars in developed area, half a million in low employment areas)
• How to foreign national gets a green card using this program
• Pros vs. Cons of using this scrutinized program
Law Firms and Businesses
• The importance of businesses hiring law firms familiar with both business and immigration law
• Expertise in litigation, business development, immigration, would prepare company for growth in the future
Immigration issues with today’s Administration
• President Trumps views on how to handle current immigration issues
• How this affects previous laws/provisions
• Deferred Action for Childhood Arrivals (DACA)
Flores-Figueroa v. United States (08-108)
• Immigrant who secured false identification to work as a steel worker
• Flores-Figueroa got caught using another individuals personal information and was charged with misuse of immigrant documents, illegal entry to the United States, and aggravated identity theft
Immigration issues have always been something many American’s have differing views on. The changing laws surrounding immigration with today’s administration are affecting today’s businesses. Its changing hiring processes, wages, and international investment opportunities as well as trade. How businesses are going to work with new immigration laws are something time will have to tell. Trumps bans will most certainly motivate for new programs surrounding immigration laws within businesses.
Worked Cited
“Business Law Today: Immigration.” Business Law Today: 10 tips about immigration for business counsel, apps.americanbar.org/buslaw/blt/7-6tips.html.
Roth, Andrew. “Relationship between Business Law & Immigration Law.” Giannantonio & Roth, LLC, 11 Jan. 2014, www.hackensackattorneys.com/relationship-business-law-immigration-law/.
Klasko, Ronald. “Top Five Business Immigration Law Issues.” Top five business immigration law issues: What employers need to know in today’s economy, apps.americanbar.org/buslaw/blt/2010-01-02/klasko.shtml.
Shear, Michael. “Trump Moves to End DACA and Calls on Congress to Act.” The New York Times, The New York Times, 5 Sept. 2017, www.nytimes.com/2017/09/05/us/politics/trump-daca-dreamers-immigration.html.
