Notes

Immigration Law For Employers
If you own your own enterprise or otherwise have employees, you're, beneath federal regulation, 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 process, which requires employers to confirm the employment eligibility of staff. DHS investigators use these I-9 forms to discover out whether employers are hiring undocumented workers.

I-9 forms are actually a optimistic thing for employers, because I-9 types present employers with a "good religion" protection if the employer hires a employee who is actually working illegally in the United States.

Employers can obtain 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 begin an investigation about a company employing illegal employees at any time. An employer could be fined and sanctioned for hiring an undocumented employee. The normal in judging the wrongfulness of the employer's conduct is whether an affordable person would believe the worker was illegally employed.

Every employer should full I-9 varieties, even when the employer has only one worker. Hiring impartial contractors does not set off the requirement to complete an I-9 form.

If Green Card: Quest for residency , as an employer, receive information and documents that, on their face, seem legitimate and constant, you don't want to analyze additional. However, if you receive obvious forgeries, info that doesn't match the employee, or different knowledge that makes you suppose you must ask more questions, then you need to continue 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 paperwork to make certain they adjust to the law. 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 employee a list of documents that can be used to verify status. Determine if the worker already has employment authorization. Ask questions about identify changes. Make certain paperwork offered by the worker are on the lists of acceptable paperwork. A good immigration legal professional may help you with these lists. Review paperwork for authenticity. Are there obvious indicators of tampering or forgery? Reject documents if they're clearly fakes. If a doc looks valid on its face and is listed as a qualified doc on the I-9, accept the document. Retain I-9's for three years, or one yr after employment ends, whichever is longer. I-9 forms can be inspected by DHS on three days' notice, without even a warrant or subpoena.


My Website: https://larhdellaw.com/articles/2023/05/15/green-card-quest-for-residency/