One of the great aspects of Naperville is its rich diversity. Local employers may have the ability to select from a large pool of applicants, some of whom may be immigrants.
If you are in a supervisory role at a Naperville company, it is important that your human resources policies meet federal requirements. A competent Naperville I-9 compliance lawyer may be available to consult with you and discuss how to avoid fines and other punitive measures. En Español.
Federal I-9 Laws in Naperville
It is contrary to federal law for a Naperville company to hire unauthorized employees. Per 8 U.S.C. §1324(a)(3)(A), employers who know, or should have known, that someone they hired was undocumented could be subject to fines, as well as criminal penalties.
Under the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA), a Naperville business that engages in a “pattern or practice” of hiring illegal employees, could face even more severe consequences. Local employers might do well to speak with a seasoned Naperville I-9 compliance attorney about any issues that could be potentially damaging.
Using I-9 Forms for Compliance in Naperville
Generally, workers in Naperville, including United States citizens, should be completing an I-9 form on or near their first day of work. The federal government created these forms in 1986 as part of the enactment of IIRIRA.
New employees should provide their personal information on the I-9 form and provide their social security number if they have one. New hires are also asked to provide several forms of identification that a company might photocopy and attach to the form as part of an employment file.
Naperville businesses should take care not to accept false identification documents, as under 18 U.S.C. §1546(b), both the employer and employee could be charged with a felony. An adept I-9 compliance attorney in Naperville may advise local employers about meeting federal standards, so that they may avoid fines and other sanctions.
E-Verify and EAD as Supplements to I-9 in Naperville
E-Verify is a high-tech method for checking a Naperville worker’s authorization to work in the United States. Although it is not required by federal law, some companies in Naperville might use it voluntarily to augment their verification procedures.
Workers who have been awarded a green card by the United States Citizenship and Immigration Service (USCIS) might also present an employer with an Employment Authorization Document (EAD) on their first day of work. USCIS provides these documents to immigrants who submit an I-765 form to the service.
An employer in Naperville might consider checking with an I-9 compliance lawyer before making changes to a company’s verification policies.
Contact an I-9 Compliance Attorney in Naperville
If you are a part of a new business in Naperville, and you are interested in making changes to your organizational policies, it might be a smart idea to involve a knowledgeable attorney. Federal laws are generally enforced on a local level, and the failure to comply with employment statutes could result in fines and other punitive sanctions.
An experienced Naperville I-9 compliance lawyer may be well-informed about the latest issues when it comes to hiring foreign nationals who are federally required to provide documentation of their status. Call today to schedule a meeting with a local attorney who might be able to evaluate your employment verification procedures and make suggestions for improving them.