To determine authorization to work legally within the United States after November 6, 1986, both employers and employees must collaborate with one another to complete Form I-9 to ensure proof of legal status for every worker. Moreover, the employer must also ensure that the form is kept on file in order to comply with U.S. immigration and employment law.
It is crucial that employers consider having established I-9 policies at their workplaces to avoid the serious implications surrounding this form. If you need to conduct and verify an I-9 audit at your company, you may benefit from the assistance of a skilled Oak Brook I-9 compliance lawyer. Failing to comply with the Immigration Reform and Control Act of 1986 can result in a bevy of heavy fines, forfeiture of company assets, and even imprisonment—which just emphasizes how important it could be for you to seek help from a qualified immigration attorney.
The Employment Eligibility Verification Form—commonly referred to as Form I-9—documents an employer’s verification of employee identity and eligibility. Every employer is responsible for examining whether or not their employees are eligible for work. Relevant documents must also be filed in the case of a government audit.
Employers must fill out an I-9 form within three business days after a new employee begins work. Additionally, the employer must maintain original I-9 forms for all current employees on staff in the case of an inspection. For employees who are no longer in their workforce, employers must retain these forms for a minimum of three years from the date of hire or for one full year after the employee is terminated or leaves the company, whichever comes later.
Whether an employer is hiring a United States citizen or a foreign national, consulting with a knowledgeable I-9 compliance attorney in Oak Brook may be a wise option. Due to the complexities of the law as well as the severe repercussions for failure to comply, due diligence is recommended, and sound judgment calls are typically important.
The Immigration Reform and Control Act of 1986 (IRCA) was designed to verify the identity and employment eligibility of employees in the United States. Immigration and Customs Enforcement (ICE) enforces IRCA to ensure that all employers are abiding by the law. Given the criminal and civil sanctions that violators may be punished with, it is essential for employers to adhere to the IRCA carefully.
According to ICE policy, the agency does not discriminate when it comes to targeting employers who have unauthorized employees. However, an I-9 compliance lawyer in Oak Brook who is both knowledgeable and skilled in handling IRCA cases may be able to help you address the severe legal implications if you are accused of failing to comply.
Ensuring you avoid unexpected government audits and maintain compliance with employment regulations should remain at the top of your priority list as an employee. However, the practical components of doing so may be complex and difficult to maintain, especially if you are bogged down by other duties important to your business. However, as stated before, any errors or compliance issues could result in serious fines and/or imprisonment.
By consulting your legal options with a dedicated Oak Brook I-9 compliance lawyer, you may be able to seek refuge from the ire of the government and determine what necessary steps need to be taken to ensure you and your company remain safe from restrictive sanctions. Contact us today to start exploring your options through a private consultation.