Immigration has become a hot topic in Aurora and throughout the United States. For many years local businesses have tried to ensure that they were in compliance with the law when hiring workers. However, in recent years its importance has become more pronounced.
As an employer, you strive to give every opportunity to your workers. It is the law that companies have a process for verifying employee authorization in Aurora. There are several methods that a business might utilize to accomplish this. Speaking with an attorney could be the first step in protecting the employment of your workers and the opportunities you offer others.
Under Federal law, it is illegal for Aurora companies to hire unauthorized workers. Under the United States Code Title 8 §1324(a)(3)(A), employers who know or should have known that a worker was not allowed to be employed by them could be subject to criminal sanctions under the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA).
If a business in Aurora hires with a reckless disregard for whether or not an employee has the legal ability to lawfully join the company, or if the business engages in a “pattern or practice” of hiring illegal workers, consequences may be more severe. Thus, it is important for employers in Aurora to have a method for verifying a new hire’s immigration status.
Most United States workers, including U.S. citizens, are mandated to complete a Form I-9 on or before the employee’s first day on the job with a new company. The forms have been in existence since the Immigration Reform and Control Act of 1986.
The I-9 requires that new employees provide their personal information and indicate whether they are a U.S. citizen or green card holder. New hires must also provide several forms of identification to the employer.
Under 18 U.S.C. §1546(b), it is a felony for a worker to supply false identification or misuse authentic documents. Thus, both the employer and the employee could be in trouble with the law if they knowingly make false statements on an I-9 form.
Businesses in Aurora might also consider using the more high-tech E-Verify method for checking a worker’s status. This electronic system could be used voluntarily by companies in Aurora.
Once called the Basic Pilot Program, E-Verify is a computer system that may be provided to companies that desire it. The employer simply needs to input the information obtained on the employee’s I-9 into the online program.
The system then runs the relevant facts through the databases of the Department of Homeland Security and the Social Security Administration. Within minutes, an employer in Aurora may have a solid verification of an employee’s work authorization status.
The United States Citizenship and Immigration Service (USCIS) offers an Employment Authorization Document (EAD) to immigrants who are eligible to work in the United States.
Immigrants may fill out an I-765 form to apply for an EAD. The document could be used as proof of how long a foreign national may work in the United States. Employers in Aurora may accept an EAD when verifying an employee’s authorization for employment.
As an employer, you want the best for your employees and company as a whole. However, the government requires that you do everything within your power and with the tools given to you to verify the eligibility of your workers. Failure to do so could result in consequences for you company, and by extension, your other employees.
Fortunately, the government provides options for employers to ensure they may still provide work to prospective immigrant employees. But because this process could be difficult, it may be wise to seek the advice of local counsel before deciding on a process for verifying employee authorization in Aurora.
A skilled immigration attorney may be able to answer an employer’s questions, and possibly offer some pros and cons for each type of verification method.
