Section 274A of the 1986 Immigration Reform and Control Act made employment of unauthorized workers illegal. In general, it is unlawful for a person or other entity to hire, recruit or refer for a fee, for employment in the United States (U.S.), a worker who is known to be unauthorized for employment. Employers have a responsibility to examine sufficient documentation to establish employment eligibility.
Although the manner in which employer sanctions are carried out has changed with the different administrations, one thing is clear: enforcement of the immigration law against employers is a clear priority of the federal government.
When it comes to employer sanctions, Joseph & Hall P.C. adheres to the motto that an ounce of prevention is worth a pound of cure. To that end, we work with employers to get their I-9 records in order so that if the employer is audited the employer is sheltered from liability. We can assist employers with protocols and best practices for on-site investigations by immigration agencies as well as assist in the preparation of public access and audit files in the case of an audit.
In those cases where Joseph & Hall P.C. is hired after the client has received a notice from the Department of Homeland Security, we are able to audit the employer’s I-9 practices, conduct necessary trainings, put into place standard operating procedures and then work with the government to negotiate a successful resolution.
Because of our litigation practice, Joseph & Hall P.C. is uniquely able to provide assistance in both the audit and training process as well as in court if the case is escalated to a court proceeding. We can aggressively defend employers against sanctions and attempt to resolve the case to the satisfaction of the employer and the government.
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