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.
An employer may not request individuals to present specific documents in lieu of other valid documents. In addition, an employer must request an individual attestation of employment authorization on Form I-9 in which the employee attests, under penalty of perjury, that he or she is eligible for employment. This form must be retained by the employer after completion and made available for inspection by officers of the Department of Homeland Security (DHS) or the Department of Labor.
Joseph & Hall P.C. assists employers with compliance on I-9 completion and routinely performs audits of I-9 forms and training to human resources departments on the proper completion and storage of I-9 records. We also assist employers on responses to I-9 notice of inspection, notices of intent to fine, raids and criminal enforcement actions. We are proactive with our employers, and guide them on the immigration liabilities associated with I-9 forms in mergers and acquisitions and how to mitigate and minimize any potential liabilities.
Joseph & Hall P.C. conducts trainings with HR departments and hiring officials and puts into place best practices for I-9 compliance in hiring as well as monitoring, retention and destruction of I-9 forms.
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