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. To determine the documents which establish identity, employment authorization, or both, consult the current I-9 form and instructions which can be found on the United States Citizenship and Immigration Service (USCIS) website at www.uscis.gov.
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.
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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