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.
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:
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:
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:
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:
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.
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