Solutions

Immigration + Border Services

Immigration + Border Services

We know immigration and customs, inside and out.  Our team of experts provide relevant and practical guidance on immigration programs for businesses, individuals, and schools.  Over and over again, Guidepost has successfully helped solve issues and problems for clients, including these areas of high risk:

  • Child Labor Concerns – We rapidly identified minors for clients who were urgently concerned about the possibility of having underage individuals who were posing as adults and passing through all government systems.
  • Discriminatory Accusations and Findings – We have quickly assessed company policies and practices to purge all potential discriminatory issues and minimize adverse government findings and penalties.
  • Risk Assessments for Mergers and Acquisitions – Records (I-9 Forms and E-Verify Program) and workforce risk assessments have been established swiftly by our team for time-sensitive M&A situations. Immigration risk is hidden, relevant, and potentially impactful and costly.
  • H-1B Visa Program Assessments and Remediations – Partner companies who have asked us to minimize the downside risk of their multi-faceted H-1B programs have benefited greatly. We have ferreted out unknown vulnerabilities and provided concise remediation solutions in rapid fashion.

Our team is with you every step of the way to respond to government inquiries, develop proactive solutions, and implement effective compliance policies. We protect the integrity of your workforce, manage compliance concerns, and mitigate the risk associated with not operating according to all legal and ethical standards.

For individuals with visa and U.S. entry obstacles, we have been very successful at getting to the crux of the issue and following through to advocate to the government on behalf of our clients, often with positive outcomes.

Immigration laws and regulations are intricate and complicated. Assessing and maintaining lawful compliance can be a daunting task. We work this every single day and have a passion for fixing and solving complex issues. Let’s explore how we can blend with your team and bolster your position and status across the spectrum.

Please see the following service offerings and solutions:

 

Our highly experienced team can assist individuals and companies with enforcement related issues.  We are former leaders of immigration and customs law enforcement agencies and are knowledgeable to the processes and tactics used against individuals and companies.

Services include:

  • Support with responses to immigration and customs related law enforcement inquiries, requests for interviews, and subpoenas
  • Support with internal audits and assessments when enforcement action is contemplated
  • Support to legal team regarding active civil and criminal investigations
  • Planning and executing remediation efforts related to prior enforcement actions

Despite enacted and enforced laws regarding immigration, there remains a large and robust document and identity fraud market for individuals to subvert the existing laws and compliance tools offered by the government.  In particular, the E-Verify system is completely vulnerable to identity theft and misuse due to its limited photo-matching functionality.  As such, many employer who try to comply with the law are defrauded through the use of fake documents and identity theft, and identity misuse.  Guidepost team members are subject matter experts in identifying individuals who present fraudulent documents and who present suspect identities.  Our consulting services in this area consist of the following:

  • Review of employee identity documents to identify those that are fraudulent;
  • Conduct employment-based background checks that focus on potential identity theft or identity misuse;
  • Where large-scale fraud is identified, assist employers with the review of the workforce and the non-discriminatory remediation of workers whose identity is in question; and
  • Establishment of best practices and counter-fraud measures and training that can be implemented to prevent future fraud attempts.

Our team works closely with businesses to support the implementation of a comprehensive immigration compliance program tailored to their needs. Utilizing our network of former immigration agents and professionals, our expert team creates customized compliance plans, offers critical compliance training and, with our proprietary auditing software, I-9 Evaluator, conducts comprehensive audits with detailed reporting to help employers identify trends and issues of concern.

Our unique expertise across the federal trade, commerce, regulatory and the law enforcement landscape, allows us to provide basic immigration compliance training, to help companies comply with contract terms and conditions.

Services include:

  • Perform comprehensive I-9 inspection services with a focus on enhancing technical and substantive compliance of existing I-9s to government requirements including a review of current retention policies
  • Develop an attorney/client privileged comprehensive I-9 review report, with recommendations for corrective actions (as needed), trend analysis and post-audit training action plan
  • Implement a bi-annual, re-inspection program. This program involves randomly selecting a limited number of hiring locations each year, and reviewing I-9s to ensure compliance with the latest requirements and company training
  • Develop a contractor compliance program to ensure that all contractors are fulfilling their immigration compliance responsibilities to mitigate this common corporate vulnerability
  • Provide in person immigration and compliance training for managers, including specific guidance on I-9 completion; common technical and substantive problems, red flags, and trends; document fraud training; discussion of new ICE guidance; and what ICE auditors look for in reviews

Contractors and subcontractors are increasingly being required to certify their compliance to basic immigration best practices as a condition of their contracts. These requirements range from proving a basic understanding of the I-9 process to submitting to a third-party audit reviewing paperwork.  Our training programs, auditing services and custom consulting ensure you are meeting the terms of your contracts.

Navigating the complexities of immigration compliance can be an arduous challenge. At Guidepost Solutions, we are committed to simplifying this process, providing you with reliable, efficient, and expert-driven solutions.

As of August 1st, 2023, remote I-9 verification is available for those in good standing with E-Verify. Our team remotely verifies I-9 documentation, ensuring accuracy and thoroughness as an extension of your HR department.

Expertise + Experience

Benefit from the knowledge and experience of our team, comprised of former agents and professionals from the Department of Homeland Security, Immigration and Customs Enforcement, and the Federal Bureau of Investigation. We excel in identifying fraudulent documents, reducing the risk of penalties and fines on a global scale.

Time Cost Savings

By choosing Guidepost Solutions for remote I-9 completion and verification, eliminate the need for physical document submissions and achieve cost savings through reduced labor expenditures.

Data Security + Compliance Assurance

We prioritize data security and compliance, guaranteeing solutions that adhere to industry standards and legal mandates. Employee personal identification information (PII) can be securely reviewed without any data transfer.

Trust in our expertise to protect the integrity of your workforce and address compliance concerns.

We offer a broad range of visa consulting services for individuals, businesses, and educational institutions. We also work directly with law firms to assess compliance and identify solutions to adverse government decisions regarding visa applicants and holders.

Our team can provide tailored assistance to bolster your visa program and seriously address issues and patterns relating to denials of B, E, H, and L visas. We conduct extensive compliance reviews of work-based visa programs that are particularly critical for visa dependent U.S. companies and entities. Additionally, we assist colleges and universities in managing their international student program, or Student and Visitor Information System (SEVIS) program (F and J).

Our team will help you navigate the complexities of the United States immigration system. Key team members include former agents and leaders from the U.S. Department of Homeland Security Immigration and Customs Enforcement (ICE).

Child labor workplace investigations are on the rise due to contract services and unknown workforces.  Knowing who is stepping into your property and workplaces is critically important, particularly if you are in certain segments of our economy.  Priorities have shifted in the federal government enforcement landscape of agencies as they always do.  Worker exploitation investigations and audits are in full steam and more companies are becoming aware of the inherent risks associated with identity and document fraud.  Even with voluntary participation in government systems like E-Verify and Social Security Number Verification System (SSNVS), along with a healthy and compliant I-9 program, employers cannot count on employees or contract workers being who they claim to be. That is a major area of risk in the corporate spectrum.

Guidepost has partnered with companies of all sizes, including Fortune 500 corporations, to provide expert support in an extremely focused and expedient manner. See the following for a comprehensive list of actions and services we offer:

  • Comprehensive I-9 inspection services with a focus on enhancing technical and substantive compliance of existing I-9’s to government requirements including a review of current retention policies
  • All-inclusive I-9 review report, with recommendations for corrective actions (as needed), trend analysis and post-audit training action plan
  • Implementation of a bi-annual, re-inspection program. This program involves randomly selecting a limited number of hiring locations each year and reviewing I-9’s to ensure compliance with the latest requirements and company training.
  • Basic immigration compliance training to help companies comply with contract terms and conditions.
  • Development of a contractor compliance program to ensure that all contractors are fulfilling their immigration compliance responsibilities to mitigate this common corporate vulnerability.
  • In -person immigration and compliance training for managers, including specific guidance on I-9 completion; common technical and substantive problems, red flags, and trends; document fraud training; discussion of new ICE guidance; and what ICE auditors look for in reviews.

Contractors and subcontractors are increasingly being required to certify their compliance to basic immigration best practices as a condition of their contracts. These requirements range from proving a basic understanding of the I-9 process to submitting to a third-party audit reviewing paperwork.  Our training programs, auditing services and custom consulting ensure you are meeting the terms of your contracts.

Our extensive immigration law enforcement experience allows us to assist individuals and families navigating the visa denial and visa revocation process. While clear legal obstacles may not be overcome, we will support you with denials and revocations that are due to inaccurate government data, poison pen letters, or other derogatory information that may be impeding an otherwise lawful visa issuance or renewal.

Visa denial + visa revocation services include:

  • Review denied visa applications and visa revocations for underlying potential cause
  • Investigate the allegations for the visa denial or revocation to identify the government agency providing the derogatory information
  • Conduct due diligence to ascertain if a non-government individual or entity is the source of the derogatory information
  • Assess the evidence collected and develop a plan to present to the government
  • In egregiously adjudicated cases, support with government communication

The EB-5 or Immigrant Investor Program can provide tremendous value but carries significant risk to the investors, the investment and the program. Unfortunately, there has been some fraud in the program, and for this reason, USCIS is expanding its monitoring of new centers and projects. To ensure that an EB-5 project is successful, compliance must be an integral portion of each project and center, not an afterthought. How you oversee your compliance program will make the difference between a successful EB-5 investment strategy or risking adverse enforcement actions or negative publicity.

We have a highly experienced team to assist regional centers, projects, or individual advisors. Members of the Guidepost team have served in key leadership roles throughout the government, including in the U.S. Department of Homeland Security Immigration and Customs Enforcement and the Federal Bureau of Investigations. We have a keen perspective of efficiently maintaining and documenting compliance with the EB-5 requirement and often advise on the trends in enforcement actions affecting compliance filings for both standard EB-5 investments and regional centers.

Integral to that compliance is the accuracy and reliability of regional centers and projects to deter, identify and address fraud, financial malfeasance, violations of law and ethics, waste, and abuse as well as to verify a project’s performance according to its plan, budget and schedule. We deploy our integrated team of attorneys, field investigators, forensic accountants and engineers to monitor all aspects of a project.

We also offer EB-5 due diligence to assist law firms and EB-5 investor visa applicants with minimizing risk of fraudulent investment scams that abuse the Immigration Investor Program. Our investigators and forensic accountants work in tandem to help you identify, understand and address financial malfeasance.

Services include:

  • Investigations
  • Litigation support
  • Construction monitoring
  • Review policies and procedures
  • Develop programs for managing processes and operational plans
  • Verify job creation
  • Employee training
  • Review revenue projections
  • Internal audit consulting and reviews
  • Investment option due diligence
    – Evaluate activity of identified regional center or investment partner(s)
    – Background and vetting of investment partners, contractors and suppliers
    – Withdraw / return of funds / return on investment
    – Jobs creation evaluation
    – Evaluation of additional costs (regional center fees)
  • Investment funds due diligence
    – Source of funds / tracing of funds
    – Review of mandated At-Risk Capital provision
    – Transfer of funds

International students are a tremendous asset to any educational institution; many also employ a number of foreign nationals who do significant research and enhance university programs. Failing to properly manage the visa and export process for these populations may put entire programs at risk, cause you significant negative publicity and subject you to fines and other penalties.

Managing these programs isn’t intuitive and it is too easy for even well-intentioned programs to make costly mistakes. Our team will work closely with your university, college or technical school to support the implementation of a comprehensive visa and export compliance program that is tailored to your needs and protects your institution.

Visa + export compliance services include:

  • Review use of the Student and Exchange Visitor Information System (SEVIS) and ensure that there are no current or potential issues in the way the program is administered
  • Review and audit your deemed export policies and I-129 compliance procedures
  • Assist your institution in preparing for the certification process or re-certification process
  • Perform a comprehensive audit of your I-9 compliance program, including appropriate utilization of optional practical training and deemed export issues
  • Review, and if necessary, revise your policies and procedures regarding student, exchange visitor and work based visas
  • Develop a third party compliance audit program to review contractors that do business with your school to ensure that they too are in compliance with all pertinent immigration and export laws and regulations regarding exchange visitor and work based visas
  • Ensure your facility is taking full advantage of all potential opportunities to recruit, select, manage and retain foreign students
  • Assist with responding to government subpoenas, audits or other investigative activity

The Guidepost team has leveraged its U.S. immigration expertise to create a menu of services for law firms in support of Adjustment of Status (AOS) and H-1B visa candidate application processes. Our team is well-versed in the review of immigration forms and corresponding required documentation. We have routinely reviewed the completion of Forms I-485, I-131, I-765, and I-944 for AOS candidates in conjunction with multiple supportive forms and data points, including I-797, I-20, and I-94 records, birth, marriage, and death certificates, and passport biographic details.

For H-1B visa CAP applicants, we routinely provide support for law firms on the processes of labor condition applications (LCA), including the use of the Department of Labor Foreign Labor Application Gateway (FLAG), creation of multi-slot physical and electronic postings, and the drafting of Public Access Files (PAF).

 

We can help you protect the integrity of your workforce, manage compliance concerns and mitigate the risk associated with not operating according to all legal and ethical standards.

 

RECENT PROJECTS INVOLVING CHILD LABOR:

Over the past three years, Guidepost has assisted several clients with Department of Homeland Security (DHS) and Department of Labor (DOL) issues related to suspected minors in their workforce who had presented fraudulent identity documents to obtain employment. These investigations and audits included single issue cases as well as entire workforce reviews including identity fraud assessments, document fraud assessments and legal work authorization assessments.

Confidential Client in Agriculture Industry
After a work-related employee injury, a medical assessment identified an employee as a possible minor, Guidepost assisted the client with a review of the documents the employee presented and conducted an identity fraud assessment of the identity used.

Confidential Client in Agriculture Industry
After a DOL investigation identified minors working for a contracted labor firm in the client’s workplace, Guidepost was hired to conduct third-party risk assessments and audits of the contractor’s workforce to assess if additional minors were employed and to also identify if any had presented fraudulent documents and are unauthorized to work in the U.S. The reviewed workforce numbered over 5,000 employees.

Confidential Client in Logistics Industry
After the client received a complaint regarding possible minors being employed, Guidepost assisted in an investigation of the allegation. A detailed identity fraud assessment was done on the employee records (over 1,000) and we assisted the client with on-site interviews to determine if there were minors and also if any of the workers had presented fraudulent documents and were unauthorized to work in the U.S.