Notes

Immigration Law For Employers
If you personal your personal enterprise or in any other case have workers, you are, under federal legislation, an agent for the Department of Homeland Security (DHS) (previously the Immigration and Naturalization Service (INS). In an effort to reduce 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 forms to discover out whether employers are hiring undocumented workers.

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

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

DHS can begin an investigation about an organization employing unlawful workers at any time. An employer may be fined and sanctioned for hiring an undocumented worker. The commonplace in judging the wrongfulness of the employer's conduct is whether or not or not an affordable person would imagine the worker was illegally employed.

Every employer should full I-9 forms, even if the employer has only one worker. Hiring independent 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 do not need to research further. However, when you obtain obvious forgeries, information that does not match the worker, or other knowledge that makes you think you should ask more questions, then you should proceed your inquiry as to the worker's immigration status.

A good enterprise practice is to conduct your self 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 employee's first day, give the worker an inventory of documents that can be used to verify status. Determine if the employee already has employment authorization. Ask US Immigration Attorney Essex on name modifications. Make certain paperwork provided by the worker are on the lists of acceptable paperwork. A good immigration attorney can help you with these lists. Review paperwork for authenticity. Are there apparent signs of tampering or forgery? Reject documents if they are clearly fakes. If Immigration Solicitor Essex appears 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 types could be inspected by DHS on three days' discover, without even a warrant or subpoena.

Employers cannot discriminate towards an worker due to citizenship standing or nationwide origin via "document abuse," which is asking the employee for extra documents than needed or completely different paperwork to prove employment eligibility. However, employers do have duties to verify employment eligibility as outlined in this post.

This publish is actually not comprehensive, and I encourage my employer-clients to conduct immigration and I-9 audits annually. An immigration lawyer can give you steering in systematizing these processes to make sure DHS compliance.


Read More: http://immigrationsolicitorsessex.co.uk/us-immigration-lawyers-essex