Common issues affecting employers

Common issues

All employers are subject to I-9 inspections and audits - irrespective of whether they employ foreign nationals. Those who employ H1B nonimmigrants must also maintain certain types of public access files. Those who file foreign labor certification (PERM) applications on behalf of current or prospective workers, must also maintain another type of public access file. Recently, the immigration service has engaged federally licensed private investigators on a contract basis to make site visits and verify the validity of H1B petition representations.

An astute employer will be mindful of these obligations and prepare for the inevitable visits by government agents. Many companies, with no foreign national employees, have been found in violation of the employment verification recordkeeping requirements and been fined significant amounts of money. In one famous case from a few years ago, a famous theme park was audited. While the government found no evidence that they had hired illegal aliens, their recordkeeping was not at all in compliance with the law and they were fined more than $500,000 for "paperwork violations."

Today, the federal government has increased its enforcement activities. Each year, the number of audits rises significantly. Not surprisingly, the total value of fines imposed against employers has grown even more significantly each year. Perhaps most worrisome is the fact that criminal prosecutions of corporate personnel for immigration violations have grown dramatically in each of the last few years. Employers can no long sit back, complacently, taking an attitude of "I'll fix the problem if and when the government comes around." That kind of attitude will lead to a substantial fine at the very least, and possibly to a jail cell.

Immigration Information

Common issues