Employers need to understand their responsibilities under the immigration laws. Among other things, all U.S. employers must verify the identity and employment eligibility of all employees hired after 1986. It is essential that employers comply with the government’s rules in this area because enforcement is getting stricter, fines are getting higher, and some employers are even going to prison for failing to follow the rules.
I-9 Compliance
Our law firm will help you establish proper I-9 policies and procedures. We have drafted handbooks on I-9 compliance, E-Verify, and related topics, and we are available to consult with and train your Human Resource specialists in I-9 procedures and best practices.
We also help clients conduct internal I-9 self-audits, which include analyzing current I-9 practices, reviewing existing I-9 records, recommending remedial steps if appropriate, and establishing new practices for good faith compliance.
In the event that your company receives a Notice of Inspection from U.S. Immigration and Customs Enforcement (ICE), we will assist you in responding appropriately and defending yourself if further proceedings are commenced.
Other Employer Sanctions
Employers (and their employees and agents) may also be fined for knowingly hiring, recruiting, or referring for a fee “unauthorized aliens.” The term “knowingly” includes “constructive knowledge,” which means that a violation can be “knowing” if a reasonable, average employer should have been on notice that the employee wasn’t eligible to work in the U.S. As with I-9 violations, employers may be fined for every unauthorized alien hired after November 6, 1986.
These violations are usually investigated and enforced by ICE. ICE has greatly stepped up its enforcement efforts in this area, and in recent years, a record number of employers have been investigated, fined, and otherwise penalized for various immigration violations.
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