Immigration Law For Employers

Should you own your personal business or else have employees, you’re, under federal law, a real estate agent for that Department of Homeland Security (DHS) (formerly the Immigration and Naturalization Service (INS). In order to lessen the hiring of undocumented immigrants, Congress produced the I-9 verification process, which requires employers to verify the use eligibility of workers. DHS investigators begin using these I-9 forms to find out whether employers are hiring undocumented workers.

I-9 forms are really an optimistic factor for employers, since i-9 forms provide employers having a “good belief” defense when the employer hires a staff who’s really working unlawfully within the U . s . States.

Employers can acquire I-9 forms in the DHS (800-870-3676), or download them in the agency’s Site. You may also email the Superintendent of Documents, U.S. Government Printing Office, Washington, Electricity 20402.

DHS can begin an analysis in regards to a company employing illegal workers anytime. A company could be fined and sanctioned for employing an undocumented worker. The conventional in knowing the wrongfulness from the employer’s conduct is whether or not an acceptable person would believe the worker was unlawfully employed.

Every employer must complete I-9 forms, whether or not the employer just one worker. Hiring independent contractors doesn’t trigger the necessity to complete an I-9 form.

Should you, being an employer, receive information and documents that, on their own face, appear valid and consistent, you don’t need to research further. However, should you receive apparent forgeries, information that doesn’t match the worker, or any other data which makes you believe you need to ask more questions, you will want to carry on your inquiry regarding the employee’s immigration status.

A great business practice would be to conduct yourself an audit or hire an immigration attorney to audit your I-9’s and supporting documents to be certain they adhere to what the law states. Here are a few do’s and don’ts when studying the I-9 verification process:

Throughout an employee’s first day, provide the worker a summary of documents you can use to ensure status. Determine whether the worker already has employment authorization. Inquire about name changes. Make certain documents supplied by the worker take presctiption the lists of acceptable documents. A great immigration lawyer will help you using these lists. Review documents for authenticity. Exist apparent indications of tampering or forgery? Reject documents if they’re clearly fakes. If your document looks valid on its face and it is listed like a qualified document around the I-9, accept the document. Retain I-9’s for 3 years, a treadmill year after employment ends, whichever is longer. I-9 forms could be inspected by DHS on three days’ notice, without a warrant or subpoena.