EMPLOYMENT ELIGIBILITY

I-9 Employment Eligibility Verification and Employer Form I-9 Compliance -- Employers Targeted by ICE for I-9 Worksite Enforcement and I-9 Audits

NEW Form I-9 MUST Be Used!

ICE Targets Employers with I-9 Audits and Expanded Worksite Enforcement and I-9 Audits
Every employer is required by law to complete a Form I-9 and verify each worker's employment eligibility and properly complete and retain I-9 Forms. I-9 compliance errors and violations carry stiff civil penalties and criminal liabilities. Businesses, owners, executives, managers and supervisors are being fined and prosecuted in record numbers for I-9 violations. I-9 compliance (and E-verify for registered employers) require that employers verify all workers’ employment eligibility or work authorization. The I-9 laws and the employment eligibility verification process restrict employment of illegal or undocumented immigrants and employment of persons who are not "employment authorized". The I-9 laws require employers to verify employment eligibility of every worker by properly completing and retaining Forms I-9. work authorization.

Form I-9 must be correctly completed, without any unlawful employer action related to documents presented by the employee or the manner in which the employer reviews the documents presented. The employer must properly retain its Forms I-9, generally for several years. Forms I-9 must be available for Immmigration and Custom Enforcement (ICE) audits or invesstigation and Department of Labor (DOL) wage and hour audits or investigations. Many states have their own mini-I-9 and mini-E-Verify laws that further complicate the employer I-9 compliance circumstances.

The labyrinth of employment eligibility verification and I-9 laws have become a major employer compliance, staffing and regular training matter for all businesses from Wall Street to Main Street, from WalMart-size businesses to small local employers. Employer I-9 and employment eligibility verification processes liabilities and penalties can include criminal penalties for both the company and personal liability of owners, executives, managers and supervisors. Criminal liability can involve fines, asset forfeiture, loss of profits and individual imprisonment for many federal crimes that are associated with violations of the employment eligibility verification process.

Employer Liability Extends to Circumstantial Evidence and Constructive Knowledge
It is unlawful to knowingly hire or continue to employ unauthorized workers. "Knowingly hire" includes "constructive knowledge". Employer constructive knowledge extends to its subcontractors' and independent contractors' I-9 compliance. However DHS and ICE now aggressively pursues worksite enforcement actions and Form I-9 compliance, inspecting employer I-9 Forms, reviewing employer employment verification practices and compliance with I-9 laws, and seeks criminal penalties for I-9 violators. The "employer" subject to imprisonment can be owners, officers, executives, supervisors, managers and human resources personnel.

Our I-9 Compliance Services Help Employers, Executives, Supervisors and Managers Avoid Fines and Prosecution
I am a Houston, Texas based immigration lawyer. I practice immigration law exclusively. My Clients are from Texas and throughout the United States, with due capacity to represent foreign clients who are interested in US immigration laws for business or other purposes. Immigration lwa practice is a federal law practice. I work with companies, their managers and supervisors to improve their I-9 and maintain i-9 compliance in their hiring processes.

Contractors and other employers who hire subcontractors and independent contractors are particularly prone to I-9 compliance errors.
A Forms I-9 internal audit helps protect employers, the company and the owners, executives, manegers and supervisors from government fines and criminal penalties, helps ensure that all I-9 Forms comply with the law, and helps you avoid I-9 liabilities and penalties.

Further information about the immigration process for Employment Eligibility can be discussed with professional insight and openness - with FREE initial Consultation by contacting Attorney Tracy to schedule an appointment.