Serving Companies Nationwide
As the population in America continues to change and grow, more people are now becoming employed before becoming citizens. As a business owner, it is imperative that your I-9 files are compliant showing that all of your employees are legally authorize to work in this country.
Immigration and Customs Enforcement (ICE) and their sub-agency Homeland Security Investigations (HSI) now actively enforce illegal employment through the use of I-9 audits. Corporate audits are now being conducted to see if companies are correctly adhering to I-9 compliance standards set forth by both United States Citizenship and Immigration Services (USCIS) and the Immigration and Customs Enforcement (ICE).
At Philip Eichorn Co., LPA, we offer our legal representation to businesses of all sizes throughout the United States . For more information, please contact a Cleveland I-9 compliance attorney to schedule a case assessment at our office located near AJC Federal Building.
What Is I-9 Compliance?
The Form I-9 is an employment eligibility verification form that must be used by all U.S. employers to verify that an employee is eligible for employment in the United States. Both employees and employers are required to complete the I-9 form within three business days of the start of employment. The I-9 form can now be stored electronically and supporting documents can be electronically verified through E-Verify.
What Happens With I-9 Noncompliance?
An employer who fails to comply with I-9 requirements may face heavy civil fines, potential criminal charges with both imprisonment and fines as punishment as well as debarment from federal contracts. Additionally, an employer who accepts fake or fraudulent documents may face criminal prosecution and harsh penalties.
What Happens if I Receive a Notice of Inspection?
If you receive a Notice of Inspection (NOI), DHS is requesting that you provide I-9 forms or other information for inspection by the U.S. Immigration and Customs Enforcement (ICE). You have three days to respond to a Notice of Inspection. Failure to comply may lead to civil or criminal prosecution.
Proactive and Proficient I-9 Compliance Services
We can help you by proactively ensuring your I-9 files are up-to-date with the current I-9 compliance standards. We can evaluate if the I-9's you have were properly completed, revise them per audit and in doing so show a good faith effort at compliance. This may mitigate penalties if audited by ICE at a later time. We can also conduct employment eligibility verification for all other business immigration law needs you may have.
ICE Audits and Investigations
If you are audited by ICE, we can represent you in the process. Cooperation throughout the investigation is critical, but understanding what documents you do and don't have to submit is just as important. As well, if the termination of employees due to the I-9 audit occurs, we can negotiate with ICE for a staging of the terminations so the business is not put at risk. We will also represent you in negotiations with ICE before civil penalties and fines have been assessed, and if necessary, corporate criminal representation for harboring illegal aliens.
Prevention through a self-audit by an experienced I-9 lawyer is the first step in a best practice model. Taking necessary corrective action after a self-audit with both proper completion of the I-9 and non-discriminatory hiring practices is the second best practice step. We are here to help all businesses, small to large corporations, with all levels of I-9 compliance.
Contact an ICE Audits Investigations Attorney
Please email Philip Eichorn Co., LPA, to discuss your I-9 compliance needs or any other immigration matter. We want to help you determine the best strategy to help your business continue to thrive and grow.