Immigration Law For Employers

If you own your own enterprise or in any other case have staff, you would possibly be, underneath federal law, an agent for the Department of Homeland Security (DHS) (previously the Immigration and Naturalization Service (INS). In an effort to scale back the hiring of undocumented immigrants, Congress created the I-9 verification course of, which requires employers to confirm the employment eligibility of workers. DHS investigators use these I-9 types to determine whether employers are hiring undocumented staff.

I-9 types are literally a constructive thing for employers, because I-9 types provide employers with a "good faith" defense if the employer hires a worker who is definitely working illegally in the United States.

Employers can get hold of I-9 varieties from the DHS (800-870-3676), or download them from the agency's Web website. You also can write to the Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402.

DHS can start an investigation about a company employing unlawful employees at any time. An employer may be fined and sanctioned for hiring an undocumented worker. The commonplace in judging the wrongfulness of the employer's conduct is whether an inexpensive particular person would consider the worker was illegally employed.

Every employer must full I-9 types, even if the employer has just one worker. Hiring independent contractors does not set off the requirement to complete an I-9 type.

If you, as an employer, obtain info and paperwork that, on their face, appear legitimate and constant, you don't want to investigate additional. However, should you receive apparent forgeries, data that doesn't match the worker, or other information that makes you think you need to ask extra questions, then you have to proceed your inquiry as to the employee's immigration status.

A good enterprise practice is to conduct yourself an audit or rent an immigration lawyer to audit your I-9's and supporting documents to be sure they adjust to the legislation. Here are some do's and don'ts when going through the I-9 verification course of:

During an worker's first day, give the worker a list of documents that can be used to verify status. Determine if the employee already has employment authorization. Ask questions about name adjustments. Make certain paperwork provided by the worker are on the lists of acceptable paperwork. A good immigration legal professional might help you with these lists. Review paperwork for authenticity. Are there apparent signs of tampering or forgery? Reject https://www.usimmigrationinuk.co.uk/getting-into-america-with-a-police-caution/ if they're clearly fakes. If a document seems legitimate on its face and is listed as a professional doc on the I-9, settle for the document. Retain I-9's for 3 years, or one 12 months after employment ends, whichever is longer. I-9 types can be inspected by DHS on three days' discover, with out even a warrant or subpoena.

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Pub: 28 Jul 2023 10:10 UTC
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