Notes

Immigration Law For Employers
If you own your individual business or otherwise have employees, you would possibly be, underneath 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 employees. DHS investigators use these I-9 varieties to determine whether employers are hiring undocumented workers.

I-9 forms are actually a optimistic factor for employers, as a end result of I-9 varieties present employers with a "good religion" defense if the employer hires a employee who is actually working illegally in the United States.

Employers can acquire I-9 forms from the DHS (800-870-3676), or obtain them from the agency's Web website. You also can write to the Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402.

us immigration attorney Hampshire can begin an investigation about a company employing illegal staff at any time. An employer may be fined and sanctioned for hiring an undocumented employee. The commonplace in judging the wrongfulness of the employer's conduct is whether an affordable person would consider the employee was illegally employed.

Every employer should full I-9 forms, even if the employer has only one employee. Hiring impartial contractors does not set off the requirement to finish an I-9 form.

If you, as an employer, receive information and documents that, on their face, appear legitimate and constant, you don't want to analyze additional. However, should you receive obvious forgeries, data that doesn't match the employee, or different information that makes you assume you must ask more questions, then you have to continue your inquiry as to the worker's immigration status.

A good enterprise apply is to conduct yourself an audit or hire an immigration lawyer to audit your I-9's and supporting paperwork to be sure they adjust to the law. Here are some do's and don'ts when going through the I-9 verification course of:

During an worker's first day, give the employee an inventory of paperwork that can be used to confirm standing. Determine if the employee already has employment authorization. Ask questions on title modifications. Make positive documents offered by the worker are on the lists of acceptable paperwork. A good immigration attorney might help you with these lists. Review paperwork for authenticity. Are there apparent 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, settle for the document. Retain I-9's for three years, or one yr after employment ends, whichever is longer. I-9 forms may be inspected by DHS on three days' discover, with out even a warrant or subpoena.

Employers cannot discriminate towards an employee because of citizenship standing or national origin through "doc abuse," which is asking the employee for extra paperwork than needed or different documents to prove employment eligibility. However, employers do have duties to verify employment eligibility as outlined in this publish.

This post is definitely not complete, and I encourage my employer-clients to conduct immigration and I-9 audits annually. Immigration Solicitors Hampshire can give you guidance in systematizing these processes to ensure DHS compliance.


My Website: https://immigrationsolicitorshampshire.co.uk/us-immigration-lawyer-hampshire/