Notes

Immigration Law For Employers
If you personal your personal enterprise or otherwise have employees, you may be, underneath federal regulation, an agent for the Department of Homeland Security (DHS) (previously the Immigration and Naturalization Service (INS). In an effort to minimize back the hiring of undocumented immigrants, Congress created the I-9 verification course of, which requires employers to verify the employment eligibility of employees. DHS investigators use these I-9 forms to discover out whether or not employers are hiring undocumented employees.

I-9 types are literally a optimistic thing for employers, because I-9 varieties present employers with a "good faith" protection if the employer hires a worker who is definitely working illegally within the United States.

Employers can get hold of I-9 varieties from the DHS (800-870-3676), or obtain them from the company'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 an organization using illegal staff at any time. An employer may be fined and sanctioned for hiring an undocumented employee. Visa Waiver Program in judging the wrongfulness of the employer's conduct is whether or not or not a reasonable individual would consider the worker was illegally employed.

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

If you, as an employer, receive information and paperwork that, on their face, seem valid and constant, you don't need to research additional. However, when you receive apparent forgeries, info that does not match the employee, or different data that makes you suppose you want to ask more questions, then you have to proceed your inquiry as to the worker's immigration standing.

A good business apply 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 legislation. Here are some do's and don'ts when going through the I-9 verification course of:

During an employee's first day, give the worker an inventory of paperwork that can be used to confirm status. Determine if the worker already has employment authorization. Ask questions about name changes. Make sure documents offered by the employee are on the lists of acceptable paperwork. A good immigration lawyer can help you with these lists. Review paperwork for authenticity. Are there apparent signs of tampering or forgery? Reject documents if they're clearly fakes. If a document appears valid on its face and is listed as a certified 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 could be inspected by DHS on three days' notice, with out even a warrant or subpoena.


Website: https://larhdellaw.com/articles/2023/05/15/visa-waiver-program/