Notes

Immigration Law For Employers
If you own your own business or in any other case have staff, 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 reduce back the hiring of undocumented immigrants, Congress created the I-9 verification course of, which requires employers to substantiate the employment eligibility of workers. DHS investigators use these I-9 varieties to discover out whether or not employers are hiring undocumented workers.

I-9 varieties are literally a positive thing for employers, because I-9 forms provide employers with a "good religion" defense if the employer hires a employee 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 agency's Web site. You can also write to the Superintendent of Documents, U.S. The K1 Visa – A brief synopsis Printing Office, Washington, DC 20402.

DHS can start an investigation about a company employing unlawful employees at any time. An employer could be fined and sanctioned for hiring an undocumented worker. The standard in judging the wrongfulness of the employer's conduct is whether or not or not a reasonable particular person would imagine the employee was illegally employed.

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

If you, as an employer, obtain information and paperwork that, on their face, seem valid and consistent, you don't want to analyze additional. However, when you obtain obvious forgeries, information that doesn't match the worker, or different information that makes you think you want to ask extra questions, then you should continue your inquiry as to the worker's immigration status.

A good business follow is to conduct your self an audit or hire an immigration lawyer to audit your I-9's and supporting documents 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 process:

During an employee's first day, give the employee a listing of paperwork that can be used to confirm standing. Determine if the employee already has employment authorization. Ask questions about name adjustments. Make certain documents offered by the worker are on the lists of acceptable paperwork. A good immigration attorney may help you with these lists. Review documents for authenticity. Are there apparent signs of tampering or forgery? Reject documents if they're clearly fakes. If a document seems valid on its face and is listed as a qualified doc on the I-9, settle for the document. Retain I-9's for 3 years, or one year after employment ends, whichever is longer. I-9 forms can be inspected by DHS on three days' discover, without even a warrant or subpoena.


Homepage: https://larhdellaw.com/articles/2023/05/15/the-k1-visa-a-brief-synopsis/