Due to the The Immigration Reform and Control Act (IRCA), passed in 1986 requires employers to verify their employees' immigration status. It made it illegal for employers to knowingly hire or recruit immigrants not authorized to be in the country.
Employers continue to face enforcement of their compliance with the IRCA. They are now subject to unprecedented levels of legal scrutiny at all stages of the hiring and employment process.
The Dworsky Law Firm can help you Verify Employment Eligibility
Due to the The Immigration Reform and Control Act (IRCA), passed in 1986 requires employers to verify their employees' immigration status. It made it illegal for employers to knowingly hire or recruit immigrants not authorized to be in the country.
All employers must verify the identity and employment eligibility of each of their employees hired since Nov. 6, 1986. To do this they must fill out the Employment Eligibility Verification Form I-9, known simply as Form I-9. Failure to comply can result in criminal and civil sanctions.
The Dworsky Law Firm can assist employers with:
- Establishing good I-9 employment verification programs and policies within their organizations, including the usage of E-Verify, electronic I-9s and IMAGE.
- Training human resources in appropriate I-9 compliance and best practices
- Conducting internal I-9 self-audits, which include reviewing current I-9 employment verification practices and policies, reviewing the employer's I-9 records, recommending steps for remediation, and establishing new practices for good faith compliance
- Responding to Immigration and Customs Enforcement (ICE) Notices of Inspection (NOI), Notice of Intent to Fine (NIF) and subsequent proceedings if violations are found
- Conducting third-party independent audits pursuant to an agreement between employers, contractors, and sub-contractors
An employer must also file a Labor Condition Application (LCA) or ETA 9035 with the U.S. Department of Labor before hiring certain foreign workers. The employer must give notice to its employees and maintain a public access file for a specified period.
The Department of Labor audits companies' LCA documentation. It may subject employers who aren't in compliance with fines, payment of back wages and debarment from the H-1B program.
Our Chicago immigration attorneys can help employers:
- Establish good LCA practices
- Train human resources in appropriate LCA compliance and best practices
- Conduct internal LCA self-audits
- Respond to Department of Labor audits and inquiries