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Helping Employers Comply with Immigration Laws
Worksite compliance is a broad area within immigration law that concerns such matters as government audits, I-9 verification, E-Verify, and other topics related to immigrant worker eligibility. Complying with applicable federal immigration laws is essential to avoiding potentially significant civil and criminal penalties.
That’s where Brown Immigration Law comes in. Our trusted business immigration lawyers in Ohio, Florida, and North Carolina have a proven record of assessing a company’s immigration and labor law needs, applying the relevant statutes and regulations to provide reliable legal counsel, and defending the interests of employers each step of the way.
How Can Our Business Immigration Attorneys Help?
When you retain a business immigration attorney to assist with compliance, you should expect to have the backing of a seasoned law firm that is ready to not only respond to the present challenges you have but to anticipate emerging ones. Brown Immigration Law is proud to provide comprehensive legal services to employers that address the following matters, among others:
Immigrant Employment Policy Development
Companies that intend to hire foreign workers need to have policies and procedures in place to ensure they are following the law. We start by examining the company’s existing rules to determine where improvements can be made, and by adding terms regarding sponsorship criteria in light of the company’s human resource strategy and budget constraints. Once the revised policy is implemented, we help train staff and provide ongoing updates.
Employment Eligibility Compliance
The purpose of eligibility compliance is to ensure that a potential job candidate not only meets the relevant legal criteria but is also in line with your company’s immigrant employment policy. To that end, our firm assists with such varied matters as:
- I-9 compliance
- Implementing E-Verify
- Risk management for government contractors
- Internal auditing
- Correcting discriminatory immigrant employment practices
Government Investigations and Audits
If the government conducts an investigation or audit to ensure your business’s compliance with immigration laws, we will be ready to assist. This requires both a proactive approach of keeping detailed records that are ready to present to the government, as well as being prepared to respond to any punitive actions levied against you. We are experienced with negotiating with the government to reduce, settle, or otherwise mitigate penalties and liability.
Enforcement-Related Litigation
In the event the government initiates litigation against your company, the first step is to remain calm and refer all matters to your attorney. Our team will conduct investigations and handle all filings, discovery, court appearances, and other matters. Many of these lawsuits can be effectively negotiated and resolved out of court, saving your business time and money and preserving precious company resources.
Competent Counsel to Keep You in I-9 Compliance
Employer Responsibilities
It is vital that your business understands its legal responsibilities when hiring immigrants and foreign nationals as employees. However, key members of your organization also need to know how to respond to government inquiries and visits, paperwork irregularities, and other problems that could emerge at any time. Brown Immigration Law is prepared to train you and your staff and keep you updated as to ongoing changes to the law that will affect your business.
I-9 Audits
ICE (Immigration and Customs Enforcement) and/or the Department of Homeland Security (DHS) are the agencies most likely to conduct audits to ensure proper compliance with the I-9. Employers should avoid common errors and omissions in I-9 paperwork, retain and have these documents readily accessible, and make them available upon request for the government’s inspection. We can start by informing your business of the I-9 requirements, including recent changes to the law, and conduct an internal audit to check for problems.
Penalties for Non-Compliance
Non-compliance is typically a civil matter, meaning that the government can impose monetary penalties for I-9 violations. However, these fines can be substantial, ranging anywhere from $237 to $2,360 per violation.
If you have additional questions about I-9 compliance, please contact us in Cleveland, Columbus, North Carolina, Orlando, or Tampa.
Site Visits from the Government
Any number of agencies may conduct a site visit to check for paperwork issues and other violations of immigration and labor laws. Some examples are ICE, the Department of Homeland Security, the Department of Labor, U.S. Citizenship and Immigration Services (USCIS), and even the FBI. Officials from state counterparts to these and other offices could also visit your worksite.
We understand the significant disruption that one of these unannounced visits can bring. That’s why we have developed a proactive strategy to help employers get ahead of immigration worksite compliance shortcomings before they become legal problems. In the event your site is visited, or the inspection results in action being taken against you, our firm will handle all communications with the government and any legal proceedings.
Compliance with E-Verify
Nearly half of all states require private employers to use E-Verify to ensure that only authorized individuals are hired. The federal government also requires its contractors to use this system. It essentially checks information in the I-9 against Social Security records to verify that the employee can legally work in the United States.
Importantly, E-Verify is used for checking one’s authorization to work, not their immigration status. However, because undocumented immigrants are not permitted to work, understanding how to use E-Verify is a critical component of your overall compliance strategy. We are ready to advise you of your legal obligation to use this program and then get to work training you and your staff how to properly do so.
No-Match Letters from the Social Security Administration
Social Security no–match letters are designed to inform employers if the names or Social Security Numbers (SSNs) listed on tax forms don’t match Social Security records. The letter will notify the employer of the discrepancy, advise the company to review the worker’s name and SSN on the tax forms for accuracy, and require corrective action within 60 days. A no-match letter should prompt an employer to take immediate action, with which we are prepared to assist.
Frequently Asked Questions From Immigrant Employees
Brown Immigration Law also works with employees who wish to remain in the U.S. to work. Here are a few of the questions we hear the most often:
How can I prove I’m authorized to work in the U.S.?
There are various ways to demonstrate that one is legally permitted to work in the United States. A Green Card, also known as a Permanent Residence Card, is one such form of proof. You may also have an immigrant visa like an EB-2 or an Employment Authorization Document (EAD). Talk to our experienced immigration lawyer for more information.
Can you help if I need to re-verify my eligibility?
Yes, we can. The attorneys at Brown Immigration Law know the steps that an immigrant employee must take if they are required to re-verify their work eligibility. We can handle all necessary paperwork in this respect so you can rest easy that you are eligible to work.
What if I get married while I’m here on a work permit?
You can become a lawful permanent resident by marrying a U.S. citizen, through a process called adjustment of status. This enables an individual to change their temporary work or visitor visa to a Green Card. However, there are numerous challenges with completing the sometimes confusing paperwork that is required to accomplish the adjustment of status. Be sure to work closely with our legal team.
Do You Have a Worksite Compliance Lawyer Near Me?
Site visits, audits, investigations, paperwork problems – they can all happen anywhere, on any job site. Be ready for them by retaining an immigration worksite compliance law firm in your area. Brown Immigration Law has offices in Cleveland and Columbus, OH; Durham, NC; and Tampa and Orlando, FL to serve you.
Let Brown Immigration Law Help Keep Your Business in Compliance
Do you have questions about worksite compliance issues or your ability to work legally in the United States? Employers and employees alike can trust the guidance of Brown Immigration Law. To get started, complete our contact form or give us a call at 888-861-4414.
Contact us today at (888)-861-4414 to learn how we can help you and your company comply with immigration laws in Florida, Ohio, and North Carolina.