Immigration Attorneys in Chicago Keeping Employers Compliant
An Immigration Attorney in Chicago Keeps your Company in Check
The Immigration Reform and Control Act (IRCA) passed in 1986 requires employers to verify their employees’ immigration status. It made it illegal for employers to knowingly hire or recruit immigrants not authorized to be in the country.
Employers continue to face enforcement of their compliance with the IRCA. They are now subject to unprecedented levels of legal scrutiny at all stages of the hiring and employment process.
Our Chicago immigration attorneys have extensive knowledge in the field of employer compliance. Since 2006, Margaret McCormick, a partner in Minsky, McCormick & Hallagan, has chaired an annual program on workplace enforcement and immigration for the Federal Bar Association. Speakers from throughout the United States, including government officials, judges, and employment compliance and litigation professionals attend.
Minsky, McCormick & Hallagan, P.C. has the experience to help you stay in compliance.
Our Lawyers Help you Verify Employment Eligibility
All employers must verify the identity and employment eligibility of each of their employees hired since Nov. 6, 1986. To do this they must fill out the Employment Eligibility Verification Form I-9, known simply as Form I-9. Failure to comply can result in criminal and civil sanctions.
Our immigration attorneys in Chicago help clients in:
- Establishing good I-9 employment verification programs and policies within their organizations, including the usage of E-Verify, electronic I-9s and IMAGE
- Training human resources in appropriate I-9 compliance and best practices
- Conducting internal I-9 self-audits, which include reviewing current I-9 employment verification practices and policies, reviewing the employer’s I-9 records, recommending steps for remediation, and establishing new practices for good faith compliance
- Responding to Immigration and Customs Enforcement (ICE) Notices of Inspection (NOI), Notice of Intent to Fine (NIF) and subsequent proceedings if violations are found
- Conducting third-party independent audits pursuant to an agreement between employers, contractors, and sub-contractors
An employer must also file a Labor Condition Application (LCA) or ETA 9035 with the U.S. Department of Labor before hiring certain foreign workers. The employer must give notice to its employees and maintain a public access file for a specified period.
The Department of Labor audits companies’ LCA documentation. It may subject employers who aren’t in compliance with fines, payment of back wages and debarment from the H-1B program.
Our Chicago immigration attorneys can help employers:
- Establish good LCA practices
- Train human resources in appropriate LCA compliance and best practices
- Conduct internal LCA self-audits
- Respond to Department of Labor audits and inquiries
Our Chicago Immigration Attorneys offer Comprehensive Understanding of PERM Laws
Minsky, McCormick & Hallagan also helps employers who sponsor foreign workers for permanent residency comply with requirements of their PERM (Program Electronic Review Management) applications.
Requirements include conducting certain recruitment, giving notice to employees and maintaining certain documents for a set period. The Department of Labor routinely audits companies to see if they comply with PERM documentation rules.
Failure to do so can result in the denial of applications and debarment from the PERM program.
Our immigration attorneys in Chicago can assist you in:
- Preparing for recruitment and PERM filing, as well as creating appropriate retention policies in order to ensure compliance
- Responding to PERM audits and preparing appeals to the Department of Labor and Board of Alien Labor Certification Appeals
It is the job of the Office of Fraud Detection and National Security (FDNS), a part of the U.S. Citizenship and Immigration Services, to evaluate the integrity of the H-1B visa program. The FDNS does this by conducting unscheduled and random site visits to employers who hire H-1B workers.
Our Chicago immigration attorneys can help you:
- Establish a site visit action plan to prepare for the possibility of a workplace visit
- Obtain accurate advice on appropriate H-1B employment practices
- Respond to FDNS inquiries and requests during and after site visits
Call our Immigration Attorneys in Chicago to Keep You Compliant
Minsky, McCormick & Hallagan, P.C. is a leader in immigration law. Our immigration attorneys in Chicago know how to keep your company compliant with immigration law. Call us at (312) 427-6163 or contact us online for help. Our office is located on the Loop in downtown Chicago.