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When Congress enacted the Immigration Reform and Control Act of 1986 (IRCA), employers were charged with the responsibility of verifying the foreign-born workers they hire are authorized to work in the United States. At the same time, companies may not discriminate against foreign-born job applicants. Advice from an experienced immigration lawyer can help ensure that your business is able to hire the workers it needs while avoiding sanctions from the IRCA.
Under the IRCA, it is unlawful for an employer to hire someone who is not authorized to work in the United States. Employers are required to assist the Citizenship and Immigration Service (CIS) in enforcing immigration laws by completing an employment eligibility form, commonly known as form I-9.
Companies are required to properly complete and store the forms, whether or not any of its employees are illegal aliens. The CIS
periodically conducts audits of employers’ 1-9 forms to ensure the company is properly verifying work authorizations.
Employers who have engaged in a pattern and practice of knowing violations of IRCA rules can be fined up to $3,000 for each unauthorized alien. These fines can add up quickly when many unauthorized workers are involved. The CIS can also impose a prison sentence of up to six months on the employer.
At the Law Offices of Indu Liladhar-Hathi, we help companies understand their rights and obligations under the IRCA process. We also help companies avoid sanctions by properly completing and storing I-9 forms.
If you need assistance with I-9 Audit and Employer Sanctions, contact the Law office of Indu Liladhar-Hathi.