Ensuring Compliance with All Relevant Immigration Laws for Your Company
All company owners in the United States should be familiar with the Immigration Reform and Control Act (ICRA) and its requirements for employers. Since 1986, the law has prohibited companies from knowingly employing immigrants who do not have proper immigration authorization. To help enforce the law, the government requires employers to verify the immigration status of all employees and have certain documentation on file.
Employers can face extreme scrutinization of their compliance with the ICRA, and businesses can face serious penalties for violations. You should always discuss your recruitment and hiring practices of immigrants with an experienced Cicero I-9 compliance attorney. The attorneys at Minsky, McCormick & Hallagan, P.C. have a thorough understanding of immigration laws as they relate to employers, and we can help with compliance and defending against allegations of violations. Contact our legal team for more information about our services today.
Verifying the Eligibility of Your Employees
As part of your hiring process, you must verify both the identity of employees and their eligibility for employment in the United States. You must have employees honestly and accurately complete “Form I-9,” which is formally the Employment Eligibility Verification Form I-9. You must understand how to check the proper forms of identification to complete Form I-9. Failure to complete the verification process can result in civil penalties and even criminal charges.
Our experienced immigration lawyers can assist companies with the following and more:
- Implementing effective internal I-9 verification policies
- Advising on the use of electronic I-9s, E-Verify, and IMAGE
- Working with human resources professionals to train them on proper I-9 compliance
- Performing internal audits of I-9 compliance, including reviewing current records and making recommendations for remediation and future practices
- Responding to Notices of Inspection (NOI) or Notices of Intent to Fine (NIF) issues by Immigration and Customs Enforcement (ICE)
- Representing companies in legal proceedings regarding violations
Before hiring certain immigrants, employers also must file a Labor Condition Application (LCA), also known as an ETA 9035, for foreign labor certification by the Department of Labor (DOL). The DOL may perform audits of your company’s LCA documentation, and the department authorities may impose various sanctions for noncompliance, such as paying back wages, paying fines, and disqualification from the H-IB Visa program. Our team of attorneys helps businesses:
- Establish compliant and reliable LCA practices
- Ensure the proper training of HR representative in LCA procedures and requirements
- Conduct internal audits for compliance
- Respond to audits or inquiries by the DOL
Discuss Your Situation with a Cicero I-9 Compliance Attorney
The lawyers of Minsky, McCormick & Hallagan, P.C. are leaders in the field of immigration law, and we understand how to best help ensure compliance for your company. Immigration laws can be confusing, though compliance is critical to avoid the possibility of investigations and serious sanctions by ICE. Having the right Cicero I-9 compliance attorney helping your business can make a significant difference. Contact us today to schedule a consultation and learn how we might help.