Notes

Immigration Law For Employers
If you personal your personal business or in any other case have employees, you may be, underneath federal legislation, 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 staff. DHS investigators use these I-9 types to determine whether employers are hiring undocumented workers.

I-9 varieties are literally a constructive thing for employers, as a end result of I-9 forms provide employers with a "good faith" protection if the employer hires a worker who is actually working illegally in the United States.

Employers can obtain I-9 forms from the DHS (800-870-3676), or download them from the company's Web web site. L1 Visa – WHY SHOULD YOU APPLY FOR L VISA 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 staff at any time. An employer can be fined and sanctioned for hiring an undocumented employee. The standard in judging the wrongfulness of the employer's conduct is whether a reasonable person would believe the worker was illegally employed.

Every employer must full I-9 types, even if the employer has just one worker. Hiring impartial contractors doesn't set off the requirement to complete an I-9 form.

If you, as an employer, receive information and documents that, on their face, appear valid and constant, you don't need to research additional. However, if you obtain apparent forgeries, info that doesn't match the worker, or different information that makes you assume you should ask more questions, then you need to continue your inquiry as to the employee's immigration standing.

A good business practice is to conduct your self an audit or hire an immigration lawyer to audit your I-9's and supporting paperwork to make sure they adjust to the regulation. Here are some do's and don'ts when going by way of the I-9 verification course of:

During an worker's first day, give the worker an inventory of documents that can be utilized to verify standing. Determine if the worker already has employment authorization. Ask questions about name modifications. Make certain documents provided by the employee are on the lists of acceptable paperwork. A good immigration lawyer might help you with these lists. Review documents for authenticity. Are there obvious signs of tampering or forgery? Reject paperwork if they are clearly fakes. If a document appears valid on its face and is listed as a professional doc on the I-9, settle for the doc. Retain I-9's for 3 years, or one 12 months after employment ends, whichever is longer. I-9 types could be inspected by DHS on three days' discover, with out even a warrant or subpoena.


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