Immigration compliance is a big deal for businesses today. With the government stepping up audits and investigations, employers need to be ready. Mistakes in following immigration rules can lead to expensive fines, lost visas, and major disruptions to your team. But the good news is that with the right approach, you can stay ahead of these challenges.
One major focus of audits is the I-9 form. Every employer needs to use this form to confirm that their employees are authorized to work in the U.S. But it’s not just about completing the form—you need to do it correctly. A missing date, a forgotten signature, or a misplaced form can all result in fines if ICE comes knocking. On top of that, you must keep these forms for a specific period, even after employees leave. Not having them on hand during an audit is a mistake you don’t want to make.
If your business uses visa programs like H-1B or L-1, compliance becomes even more critical. Government agencies like USCIS and the Department of Labor are watching closely to ensure companies meet all the requirements. For example, if you sponsor an H-1B worker, you must pay the wage listed on the application and keep public access files updated. Forgetting these steps can lead to trouble, including losing your ability to sponsor visas in the future.
So, what can you do to protect your business? Start with regular internal audits. Take time to review your I-9 forms, visa records, and compliance with posting requirements for sponsored workers. Catching mistakes early is far better than discovering them during an audit.
Next, invest in training. Your HR team and managers should know the basics of immigration compliance, like how to fill out I-9 forms properly and what records to keep. When everyone knows what to do, there’s less chance of errors.
If you are notified of an audit or investigation, don’t panic. Assign someone on your team—usually from HR or legal—to communicate with the government agency. Make sure all your documents are in order and ready to present. Engaging an immigration attorney at this stage can make a significant difference in managing the process smoothly.
At our firm, we understand the challenges employers face with immigration compliance. If you have questions or need legal assistance, don’t hesitate to reach out. We’re here to help you navigate these complexities and keep your business running smoothly.
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Joseph & Hall P.C. is a full-service immigration law firm. We pride ourselves on being nationwide experts in all areas of immigration law, including the practice areas listed below. Our attorneys frequently are asked to speak both locally and nationally on a wide variety of immigration topics. For an overview of each practice area, please click the links below. If you have any questions about how these practice areas may apply to your case, please do not hesitate to contact our firm.
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